A charge of driving under the influence of alcohol is a big deal, as a conviction can impact your life in many ways. Fortunately, there are a variety of drunk driving defense strategies you can employ, all of which are meant to help you avoid punishment.
The one thing you need to remember is that no two drunk driving arrests are the same. So, the strategy you use won't necessarily be the same as another person in a similar situation.
Some of the most common drunk driving defense strategies include:
- Improper stop. The arresting officer must have probable cause to stop your vehicle. If they didn't, you can use this to your advantage in the courtroom.
- Inaccurate field sobriety test. There is more to administering a field sobriety test than meets the eye. If it's not administered in an accurate manner, you can challenge the results as they may be inaccurate.
- Inaccurate breathalyzer test. In addition to the administration of the test, you can also focus on the device itself. For example, breathalyzers require regular maintenance. Without this, they may not provide an accurate readout.
- Rising blood alcohol concentration. A lot of time elapses during a drunk driving stop. You can argue that your blood alcohol level was below the legal limit when the officer pulled you over, and that it didn't increase to an illegal level until later on.
What will happen to you?
There's never a good time for a drunk driving arrest, as the punishment can be severe. For example, a first time offense can result in a large fine as well as suspension of your license.
If you're a repeat offender, penalties are more strict, including but not limited to potential jail time and the requirement to install an ignition interlock device.
With these types of penalties lingering, it's important to understand your charges and quickly make note of the type of drunk driving defense strategy that will give you the best chance of avoiding trouble.
A lot happens during a drunk driving stop, so make sure you think long and hard about how you were treated. The information you collect can help you avoid a punishment that could change your life forever.