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Defenses to drunk driving charges

On Behalf of | Dec 20, 2018 | DUI |

Individuals who have been charged with drunk driving crimes should be prepared with a drunk driving defense. Drunk driving charges can lead to serious penalties and consequences which is why accused individuals should be familiar with their criminal defense rights.

Whenever an individual has been accused of a crime, including DUI charges, it is essential for them to understand the criminal defense strategies that may be able to help them defend against the charges, accusation and allegations they are facing. There are some affirmative defenses including necessity, duress, entrapment, mistake of fact and involuntary intoxication. It is important for accused individuals to be familiar with these defenses and if they apply to their situation and circumstances.

Additional drunk driving defense options may include challenging the police stop and that it was an improper stop or challenging the administration or accuracy of a field sobriety test, portable breathalyzer test or standard breathalyzer test. It may also be possible to challenge the chain of custody of a blood test or if any procedures were violated in that process. In some circumstances, the blood alcohol content level may rise between the time of the stop and a breath or blood test or other situations can interfere with the accuracy of the test.

There are important procedures in place that authorities must follow to ensure accused individuals are protected. Because a violation of these procedures may form the basis for a criminal defense response, it is important for accused individuals to be familiar with their criminal defense rights and protections, as well as the defense options available to them.