Allegations of drunk driving can lead to major consequences. Even a first-time offense could mean criminal penalties and possibly the loss of your driver’s license. Although most people recognize how serious a driving under the influence (DUI) charge is, many people facing drunk driving charges decide to just plead guilty.
They know they have a reasonable explanation for their performance on the field sobriety test or they know the breath test results were wrong, but they assume that they have no way to defend themselves. What are some of the strategies that people use to respond to pending DUI charges?
They provide a medical explanation
There are several different medical conditions that could affect the accuracy of a chemical breath test. A documented alternate explanation could provide the reasonable doubt you need to avoid conviction.
Certain medical conditions themselves could impact the accuracy of breath tests and field sobriety tests. There are also medications and even dietary choices that might influence the accuracy of field sobriety testing and chemical breath testing.
They challenge the accuracy of the chemical test results
Many drivers pulled over on suspicion of drunk driving eagerly agree to perform a breath test because they think that it will exonerate them. What they don’t realize is that chemical breath tests can fail for numerous reasons.
There is growing evidence that questions how accurate and reliable these devices really are. If you were coming from a place where you would not possibly have consumed alcohol or if there are issues with the record regarding the maintenance of a testing unit, it may be possible to challenge the test results.
They challenge the validity of a traffic stop
For a police officer to legally pull you over, ask you questions and then arrest you, they have to have a reason to initiate the encounter. Just being out on the road when the bars close isn’t enough of a reason.
They need to have seen you do something that made them suspect impairment or illegal activity. If you can show that an officer did not have a reason to pull you over or that they profiled you, you may be able to undermine any evidence gathered during the traffic stop.
Understanding how other people defend against impaired driving charges can help you decide what approach might work for you.