Compare the many defenses of drunk driving

| Jun 17, 2019 | Uncategorized |

As pretty much everyone who drives knows, driving under the influence of alcohol increases the risk of an accident. It also increases the likelihood of a run in with the law. However, in this case, “knowledge does not equal power” because people continue to drive while intoxicated and face the repercussions.

If you’re pulled over in Massachusetts for suspicion of driving under the influence, it’s critical to protect your legal rights from that point forward. This starts with knowing what to say and what not to say during your arrest and processing.

Once you’re processed and released, it’s time to learn more about the many defenses of drunk driving. Here are four most common defenses:

  • Rising blood alcohol level: Your blood alcohol level does not immediately spike after drinking. Instead, it slowly happens as time passes. This makes it possible for your blood alcohol level to be in the acceptable range when first pulled over, but higher than the legal limit during the administration of a breath test.
  • Improper stop: Police officers must have probable cause to stop your vehicle. For example, you were swerving, speeding or failed to use your turn signal.
  • Accuracy of the field sobriety tests: Don’t assume that the arresting officer knows what they’re doing when administering a field sobriety test. Inaccurate results may lead an officer to believe you’re drunk, when nothing could be further from the truth.
  • Accuracy of the Breathalyzer test: It’s common for an officer to use a portable Breathalyzer test to determine if you’re under the influence. However, just the same as field sobriety tests, inaccuracy is a concern. Maybe the officer isn’t properly trained on the device. Or maybe the Breathalyzer has not been maintained, thus leading it to provide inaccurate results.

During your arrest, you don’t have to make a decision as to which drunk driving defense strategy is best. But, make sure you pay close attention to everything that’s happening around you, as the information you collect could help you formulate a better defense.

Even though a drunk driving arrest is scary, it doesn’t signify what the future will bring. With the right defense strategy, you put yourself in position to avoid a conviction and the many penalties typically associated with it.

Visit our website for more information on drunk driving, including how to choose the right defense strategy for your case.