If you’ve been pulled over for drunk driving – and especially if you took the breath test and failed – you may thing your only option is to plead guilty. This is not true. There is always a way to defend yourself against DUI/DWI charges. Below are 3 common – and effective – defenses against drunk driving.
#1: Arguing That The Initial Traffic Stop Was Illegal
Why were you pulled over? Were you breaking a traffic law? Were you driving erratically? If there was no real reason to pull you over, then anything that happened after you were stopped is inadmissible and your charges should be thrown out.
#2: Questioning Whether Police Had Probable Cause To Give You Sobriety Tests
Police can’t just ask (or tell) you to take field sobriety tests or the Breathalyzer. They must have reason to suspect you’ve been drinking. If there is no evidence that could lead police to suspect you were intoxicated, then they shouldn’t have issued tests and those tests should not be admissible.
#3: Challenging The Accuracy Of The Breath Test
Breathalyzers can be administered incorrectly impacting the results. Your blood alcohol is also different over time. It takes a while for alcohol to enter and leave your blood stream. If you were taken into custody and then administered the breath test, you may have actually been more intoxicated than you were when you were driving. Both of these arguments can create doubt as to the test’s accuracy.
An experienced defense attorney will know how to use these, and other defenses, on your behalf. Consider contacting a lawyer if you’ve been charged with DUI/DWI.