|
A
driver charged with a DUI or DWI / drunk driving has
different options when it comes to defending themselves
in court. Some defenses exist in certain circumstances,
even when there’s evidence to support the DUI or DWI. Duress
- When a person drives in order to avoid serious injury
or death, he or she is doing so under duress.
Mistake
of Fact - When a person has a belief that he or she is
not intoxicated. For example, believe that the impairing
effect of one's prescription medication has worn off.
Improper
Stop - This is a common arguments used by defense
attorneys in drunk driving cases, it involves the claim
that the officer lacked probable cause to make the
initial traffic stop.
Chain
of Custody of Test – You may raise questions about the
administration of a blood test and whether it was
tampered with or otherwise mishandled in the chain of
custody.
Blood
Alcohol Concentration Risen – You may claim your BAC
was below the legal limit while you were driving but
actually increased between the time of the traffic stop
and the administration of the breath test. This is
possible when alcohol recently consumed has not yet
fully absorbed into the system before the BAC test.
Portable
Breathalyzer Test Accuracy – The attorney may
challenge the administration of the breathalyzer test
used at the scene. Was the officer properly trained?
Were there intervening factors such as vomiting or
indigestion? You may also question whether the breath
test device was properly calibrated and maintained.
|