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How can I defend against my drunk driving charge?

There's more than one defense against a drunk driving charge. In fact, defense attorneys have a multitude of strategies that they can potentially use to fight drunk driving cases for their clients. This, however, does not mean that all of these strategies will work for the particular circumstances of your case.

It is important for defendants to fully understand all of the options available to them so they can determine the best approach to take. For example, should you enter a plea of not guilty and defend yourself? Or, should you plead guilty and try to receive a reduction in sentencing?

What kind of defense strategies are available?

There are five common drunk driving defense strategies that a lawyer might apply to his or her client's case. Perhaps one of these strategies could work for your situation:

  • Improper stop defense: Police need to have an actual reason for pulling you over. Even if you were driving drunk, if police didn't have a good reason to pull you over, your charges could get thrown out of court.
  • Inaccuracy of the field sobriety test: Most field sobriety tests need to be filmed, and this gives defense lawyers the opportunity to determine if police followed proper procedures and protocols when conducting the field sobriety examination.
  • Inaccuracy of the breathalyzer: Courts know that breathalyzer tests do not always render accurate results. In some cases, a defense lawyer might be able to call into question the accuracy of your breathalyzer test result.
  • Problems with handling a blood test: Blood tests need to be taken within a certain period of time, and police and lab technicians need to follow strict chains of custody when handling the blood samples.
  • Defense of rising blood alcohol concentration (BAC): Imagine you drink two beers in ten minutes and then go for a drive. It will take some time for the actual BAC in your body to rise as you process the alcohol. If police wait too long to give you a breathalyzer or blood test, it might render results that show a higher alcohol concentration than was present at the moment you were driving.

Determine the best defense strategy for your situation

In many situations, the facts presented against the defendant will be so strong that the prosecution will likely win their case. When this happens, it could be advantageous for the defendant to enter a guilty plea in exchange for a reduction in sentencing. In other situations, one of the above defenses might be useful towards an acquittal or dismissal of the charges.

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