Preparing a strong criminal defense to drunk driving charges is important. Any driver who has been accused of drunk driving is facing serious potential consequences and penalties as a result and should be familiar with the drunk driving defense options available to them.
Breathalyzer test challenge
It may be possible to challenge the accuracy and reliability of a breathalyzer test based on how it was administered or who administered it. Additionally, breathalyzer tests must be routinely tested and calibrated to produce reliable results so if those requirements for breathalyzer tests are not met, it may be possible to challenge the accuracy of the test results. The breathalyzer test must also be administered by a police officer trained to administer it who does, in fact, administer the breathalyzer test according to the training they received.
Field Sobriety Test challenge
Field sobriety tests must also be appropriately administered to produce reliable results. The police officer administering the field sobriety test must be trained to do so and use that training when administering the test.
Affirmative defenses are a category of defenses that may apply in specific circumstances including duress, necessity, mistake of fact, entrapment and involuntary intoxication.
Other possible defenses to drunk driving include the legality of the traffic stop, rising blood alcohol level if time passes between the traffic stop and a blood test, chain of custody problems with a blood alcohol content test or if the accused driver’s bodily functions interfere with the breathalyzer test results. To protect themselves from drunk driving charges, accused drivers should be familiar with these defense options to determine which may be able to help them.