Possible Defenses to Drunk Driving Charges

Posted on May 16, 2017 in Criminal Defense

Drunk driving is against the law, and there is good reason for that. Firstly, alcohol can compromise a person’s driving capability. Secondly, this compromise puts not just the driver at risk of accidents, but also the others around him.

According to the website of the Law Offices of Mark T. Lassiter, Driving While Intoxicated convictions can have life-altering consequences, such as license suspension, substantial fines, probation, and even prison time. But did you know that you can challenge DWI charges? You may reduce your penalties or dismiss the charges themselves using the right perspective in your defense.

Viability of arrest

If you have been pulled over, arrested, and detained even without probable cause, all the evidence gathered in that period may be deemed inadmissible in court. For example, if you have been stopped by an officer for a reason that doesn’t involve suspicious driving behaviors or suspicions of being drunk, there is a chance that the arrest will be considered inviable.

Viability of symptoms

You may have the symptoms of being under the influence of alcohol, but it doesn’t mean that you are, because these symptoms are not exclusive to drunk people. Some of the most commonly challenged symptoms include fatigue, lack of sleep, and redness of eyes.

Viability of tests

The website truslowlaw.com mentions that blood alcohol content has a legal limit of 0.08%. Many DWI charges revolve around the fact that the driver has blood alcohol content that is greater than this legal limit. Your blood alcohol content can be determined through tests, but these tests can be inadmissible in court if they have been wrongly administered by the arresting officers.

Viability and accuracy of tests results

There may be substantial reason to believe that the tests results are invalid, like when there is a defect in the machines involved or there is a mistake in the testing procedure. The accuracy of test results can also be questioned, as there are instances where it is wrongly influenced by food, non-impairing drugs, and medication.

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