Legal Bistro is an online community where consumers with legal needs are able to post their cases anonymously. The service is 100% free for consumers. Lawyers use our site to find new clients. Our blog has been developed to provide relevant and timely legal content for both lawyers and consumers.
They say it is better to learn from the mistakes of others. But actually everyone learns from their own mistakes. It is commonly known fact, that it is prohibited to drive when you are drunk. Although a lot of people ignore the potential danger and drive after having consumed alcohol or other drugs.
If you are charged with drunk driving and you don’t agree with the accusation, there are still some ways out. Let’s talk about your possible defenses in this case. The most common drunk driving defenses are:
Improper stop – this is the mostly used argument, that claims that the officer had no reason to stop the traffic.
accuracy of Breathalyzer test – your attorney may question the validity of test results, claiming that the equipment is not accurate or the officer doesn’t have enough qualification in doing this test.
accuracy of Field Sobriety Test – this defense questions the propriety of Field Sobriety Test and whether the results of it are accurate.
insufficient evidence for arrest – sometimes the officers can arrest the driver based on their own observations if physical signs such as bloodshot eyes, that could be a sign of impairment. Your lawyer can question that, by claiming that those are “personal opinions”, they are subjective, and have nothing to do with DUI. Physical signs can have another ground, for example allergies.
not driving at the time – if you were not driving but just sitting in your parked car, it can’t be a reason for arrest, although some states allow an officer to arrest for drunk driving even without the act of driving intoxicated.
rising BAC – it is well known that alcohol need time to “rise” in your blood, because it is gradually “absorbed” into your blood. If there was a long delay between the stop and actual testing, you can claim that your BAC wasn’t over the limit by the time of stop.
blood test – sometimes drivers claim that the results of blood test were tampered
improper officer’s actions – you may have evidence or testimony of officer’s improper actions that violated your civil rights and falsification of DUI report.
Driving under the influence is one of the most common problems in U.S. This is like a contagious disease, more and more people suffer from it and get arrested because of it. It doesn’t seem to disappear in the nearest future. Drivers should be conscious about the dangers they might cause to themselves and to the others while driving drunk.
Speaking about drunk driving it is important to mention such notions as DUI and DWI. DUI means driving under the influence of alcohol or other drugs. DWI refers to driving while intoxicated or while impaired. Both of them are considered criminal offences. Not sure what impaired means? Generally you are considered impaired if your ability to drive safe a car or a motor vehicle is affected because of consume of alcohol, illegal drugs, medications such as painkillers or overdose of other pills.
Have you been arrested for drunk driving? Well, your case is not the only one. In 2011 over 1.2 million drivers were arrested in U.S. for drunk driving.
Drunk driving refers to the process of operating a motor vehicle while the driver is under the influence of alcohol. This is also known as driving under the influence (DUI) or driving while intoxicated (DWI). In order to prove that you are drunk the police officer can administrate you the Breathalyzer test, if you blood alcohol concentration (BAC) is over a set limit, you are charged with drunk driving. In most of the cases the BAC limit is 0.08%. Another drunk driving tests are blood test, urine test and field sobriety test. If a driver refuses to submit such testing, it may lead to enhancement of imposed penalties.