It is important for people who have been accused of drunk driving to know that they have the right to a defense, and to be familiar with the defense strategies that are available. Drunk driving charges can result in criminal penalties and administration consequences which is why accused individuals should always be familiar with DUI defenses.
Drunk driving defenses can fall into two different categories including affirmative defenses and defense options that attack the circumstances of the arrest or facts as alleged by police. Affirmative defenses include necessity; duress; entrapment; mistake of fact; and involuntary intoxication. It is important for accused individuals to be familiar with these defenses and to determine if one of them may be a good option for the accused individual’s situation.
Other defenses focus on if procedures to protect the rights of accused individuals were violated. If the accused individual’s rights were violated in any way, it may for the basis for a criminal defense. A criminal defense strategy may be based on an improper stop by police or various problems with the accused individual’s alleged blood alcohol content level. Depending on the circumstances, it may be possible to challenge the administration or accuracy of field sobriety test or a portable breathalyzer test. Additionally, it may also be possible to challenge the administration or accuracy or standard breathalyzer test or the chain of custody associated with a blood test.
In circumstances when the equipment is not properly maintained, or police officers are not properly trained, errors and mistakes may happen and may form the basis of a criminal defense for accused individuals. Drunk driving charges can have a lasting impact on the lives of accused individuals which is why they should be familiar with criminal defense options and how to form a strong criminal defense strategy.