What Are the Defenses to a Drunk Driving Charge?

A drunk driving charge is serious, but several defenses depend on your case’s specifics.

Facing a drunk driving charge can be overwhelming; however, several legal defenses might help in challenging the accusation. This could be due to procedural errors, medical conditions, or issues in evidence. Understanding your rights is key in such circumstances. Here are some of the most common defenses to a drunk driving charge:

Breathalyzer and Blood Test Results

These may be through breathalyzers or blood tests to ascertain the level of a driver’s BAC, but these tests are not perfect. Inadequate equipment, miscalibration, or mistakes in the conduction of tests will result in incorrect results. The breathalyzer’s maintenance protocol involves strict guidelines for necessary calibration, which may contribute to false readings when not followed. 

The reliability of blood alcohol concentration readings can be questioned through inherent errors in the availability of records by remotely questioning the instrument and basic rules of conduct followed by the testing process. Consulting a qualified attorney will help you analyze Maine OUI laws and decide on a best-fit strategy for fighting the charges.

Rising Blood Alcohol Concentration

Blood alcohol concentration (BAC) refers to the ratio of alcohol in the bloodstream. Alcohol absorption takes a specific time. The BAC for an impaired driver may periodically rise even after stopping to drink alcohol. This is especially important when a driver is tested after being pulled over.

If alcohol was consumed shortly before driving, it is possible that the driver was under the limit while driving the motor vehicle; however, the BAC might have risen before he was tested. “Rising BAC” theory allows this defendant to show that he might not have been under the influence while operating the vehicle if, indeed, he was found to be over the limit when the test was conducted. 

Attorneys may supply expert testimony about alcohol manipulation, along with evidence of logs or other receipts specifically showing approximately when alcohol consumption occurred against the point in time the test was conducted.

Absence of Justifiable Cause for Arrest

To perform a traffic stop, law enforcement officials must not only merely suspect but also maintain probable cause before any arrests for DUI. In other words, the officers must correlate evidence showing that the driver’s actions indicated intoxication.

This evidence could include poor coordination in sobriety tests, slurred speech, or the smell of alcohol on the driver. Hence, the arrest made by the officer could be challenged in court due to their improper conduct in sobriety tests. 

Apart from that, any substantial evidence outside the officer’s observation could considerably challenge the officer’s case. This evidence could be vehicle driving videos or bystanders who went against the officer’s statements. If, in court, it was accepted that the officer lacked probable cause, it could lead to the dismissal of DUI charges in violation of procedural law.

Breach of Procedural Law

Law enforcement officials must follow proper procedures for investigating a DUI case. Officers must possess valid search warrants to conduct specific tests; otherwise, any unlawful search and seizure could mean the suppression of evidence. 

If officers neglected the continuity of evidence required before they went forward with the testing, this could also dent the credibility of the evidence. Police reports, body camera footage, and procedural records are often closely examined by the defense for any imperfections that could weaken the prosecution’s case. Courts could drop or reduce the charges against an officer for failing to follow some procedural law guidelines.

Endnote

A drunk driving charge is serious, but several defenses depend on your case’s specifics. A challenge to the accuracy of BAC tests or procedural errors is some of these legal defenses, which can play a massive role in changing the tides in your favor. If you or someone close to you is charged with similar accusations, it is suitable to seek legal counsel immediately to protect yourself and get the best possible outcome.