DUI charges are serious criminal charges and accused drivers can face serious penalties and consequences because of them. As a result, every accused driver should be aware of ways to fight drunk driving charges when the need arises.
This blog recently discussed methods of challenging field sobriety tests but there are other methods of challenging DUI charges based on the situation and circumstances, as well. There is a category of criminal defense referred to as affirmative defenses. Affirmative defenses include necessity, duress, entrapment, mistake of fact and involuntary intoxication. These defenses may be available to accused drivers based on specific circumstances so they should be familiar with what those are.
In addition to challenging field sobriety tests which may result in drunk driving charges, it may also be possible to challenge a breathalyzer or blood test that lead to drunk driving charges against the accused driver. It is essential that breathalyzer tests be properly calibrated and maintained to produce reliable results. For the results of a breathalyzer tests to be accurate, the police officer administering one must also do so in accordance with appropriate training they have received. The administering officer also needs to ensure none of the accused driver’s bodily functions interfere with the results of the test.
If a blood test is conducted to determine blood alcohol content level, is it important that all chain of custody requirements were met and also that the accused driver’s blood alcohol content level did not rise between the time of the traffic stop and the blood test which may be performed at the police station. If the proper procedures are not followed at any point during a traffic stop of arrest, accused drivers need to be familiar with the drunk driving defense options available to them to challenge the charges they are facing.