A strong drunk driving defense can be the key to avoiding the serious potential penalties and consequences accused driver face following a traffic stop that results in drunk driving charges. Because the penalties and consequences for DUI charges can be severe, accused drivers must know how they can fight them with a strong criminal defense strategy and should also know what that might look like.
Two oftentimes critical components of drunk driving charges include field sobriety tests and breathalyzer tests. Following a traffic stop, which must also be conducted legally for drunk driving charges to stand, if a field sobriety test is conducted, it must be conducted by a police officer who is authorized and trained to conduct fields sobriety tests and, additionally, the field sobriety test must be conducted according to the training the police officer receives. If it is not, or the police officer has not been properly trained, the field sobriety test may not be deemed reliable.
Accused drivers may also be subjected to a breathalyzer test. Like field sobriety tests, breathalyzer tests must be administered by a police officer trained to administer one and the police officer must administer the test according to the training they have received. Additional requirements apply to breathalyzer test devices which must be routinely maintained and calibrated according to a set schedule in order to produce reliable results. The administering officer must also take care the accused driver’s bodily functions do not interfere with the test results.
Other types of drunk driving defenses include affirmative defenses which are case-specific so accused drivers should know what these defenses are and if they apply to them. Being prepared by knowing what the driver’s criminal defense rights and protections are is essential information for any driver accused of drunk driving to have.