Driving under the influence of alcohol is a big risk. Not only can it result in your arrest, but it also increases the risk of causing a motor vehicle accident. Most people know of this reality but too many people routinely ignore the dangers.
If you find yourself under arrest for driving under the influence, it’s critical that you understand your legal rights and take steps to protect them. It’s the decisions you make from the moment you’re arrested through your court date that impact the end result.
Drunk driving charges don’t always result in a conviction, and that’s why you need to use the right defense strategy when your day in court arrives. Here are some of the most common:
- Illegal stop: If the officer did not have probable cause to stop your vehicle, such as because you violated the rules of the road, you can argue for the dismissal of your charges.
- Rising blood alcohol level: Your blood alcohol level will increase in the minutes and hours following your last drink. It can be a challenge to prove, but it’s possible that you were driving when your blood alcohol level was within the legal limit. It didn’t cross into illegal territory until you were tested.
- Inaccurate administration of a field sobriety test: If an officer believes you’re under the influence, they’ll administer multiple field sobriety tests. Neglecting to explain it or doing so in an inaccurate manner can lead to false results.
- Inaccurate reading from a Breathalyzer device: If the officer used a Breathalyzer test to measure your blood alcohol level, it’s a must that it was maintained properly and administered accurately. An error here is just as bad as an error when conducting a field sobriety test.
You may find that you can use one of these drunk driving defense strategies to avoid a conviction or lessen the consequence. And it’s not out of the question that you can use two or more of these, depending on the details of your arrest.
The most important thing to remember is that you don’t have to resign yourself to the fact that your drunk driving arrest will impact your life. There are steps you can take to prevent a conviction and leave this chapter in the past.