Types of Drunk Driving Defenses
If someone driving an automobile is charged with a DUI or a DWI, this would be considered driving under the influence of alcohol. In each state, there are different phrases and terms that describe driving while under the influence of alcohol, and we want to explore some of the defenses used to get out of this DUI arrest. In some very rare cases, people have been able to get out of a DUI arrest with some fascinating illegal tactics. We want to describe some of those legal strategies here.
Driving Your Vehicle Because Of Duress
- 1 Driving Your Vehicle Because Of Duress
- 2 Driving Out of Necessity
- 3 Being Entrapped
- 4 Being Involuntarily Intoxicated
- 5 Being Improperly Stopped
- 6 The Accuracy Of The Breathalyzer Test
- 7 Blood Tests Handled Improperly
- 8 An Increase in BAC
- 9 The Arrested Was Not Driving At The Time
- 10 Improper Actions From The Arresting Police Officer
- 11 Schedule Time To Speak With Experienced DUI Legal Counsel
Someone could use the defense that they had to get behind the wheel after drinking to prevent harm or injury, or they were under duress. An example of this would be someone fleeing from an attacker, or somebody is trying to carjack you.
Driving Out of Necessity
This defense could be used if someone had no other option other than to drive while intoxicated to prevent an even bigger evil from occurring. In this type of the defense, the drunk driver would need to prove they were trying to avoid something that was more serious than any issues or problems could be caused by a DUI.
This would be a rare instance when a police officer would attempt to make an intoxicated driver get behind the wheel. This would be considered a form of entrapment and the driver would have to prove that they had no intent to drive if it were not for the alleged entrapment by the police officer.
Being Involuntarily Intoxicated
A defense of involuntary intoxication would infer that the driver had no idea they were consuming alcohol before getting behind the wheel. This could happen when someone is slipped a drug or alcohol add a social setting, without the driver having any indication they were taking an illegal substance or imbibing alcohol.
Here Are A Few Other Drunk Driving Defenses Used In The Past
Being Improperly Stopped
When a person meets with a drunk driving defense attorney for the first time they often state that they were stopped for no reason. In the event, someone is pulled over, and the officer cannot demonstrate probable cause comma it may be difficult for the arresting officer to get a conviction considering the intoxicated driver by law should not have been pulled over in the first place.
The Accuracy Of The Breathalyzer Test
Many experienced DUI lawyers will argue that the police officer did not administer the blood alcohol test correctly. Many experienced drunk driving defense Representatives take years of classes to argue this in the court of law. The defense is simply that the measurement was incorrect because the test was administered improperly.
Blood Tests Handled Improperly
This defense strategy is obviously very hard to prove, as the defense is arguing that the blood test was tampered with, or handled improperly after the arrest. This would be the equivalent of tampering with evidence, or the Rising not going through normal protocol before being presented as evidence.
An Increase in BAC
Increasing Blood Alcohol Concentration – Defense declares the BAC was listed below the legal limit while the offender was driving, however in the time that passes from the arrest to the BAC test, the driver’s blood alcohol level increased. This could occur when a driver is pulled over immediately after drinking alcohol but is not considered legally drunk when the stop was made.
The Arrested Was Not Driving At The Time
Concerns might occur over whether the individual accused of the driving under the influence was, in fact, was driving at the time. Perhaps the passenger, thinking she or he was sober, changed locations with the motorist at the time of the arrest.
Improper Actions From The Arresting Police Officer
This defense might include proof and testament that the officer violated the accused’s civil rights fabricated a DUI report or otherwise acted incorrectly.
Schedule Time To Speak With Experienced DUI Legal Counsel
Although you may have made a mistake, and got behind the wheel with a bit too much alcohol in your system, you are still entitled to a legal defense. To safeguard your rights and get the very best result possible, it remains in your best interest to contact a DUI/DWI attorney for a complimentary case evaluation. A DUI attorney will have the ability to go over possible defenses with you and your options moving forward.