Drunk Driving Lawyer
Drunk driving cases carry serious legal consequences and can have a significant impact on an individual’s life. When charged with a DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) offense, it’s essential to understand the potential defenses available to challenge the charges. Learn about the common drunk driving defenses that lawyer may use for their clients facing DUI charges.
Improper Stop or Lack of Probable Cause:
A lawyer may choose to challenge the legality of the law. Law enforcement officers must have a valid reason, known as probable cause, to stop a vehicle. If the officer lacks a valid reason or stops the driver without sufficient evidence of a traffic violation or suspicion of impairment, the defense can argue that the stop was improper. Any evidence obtained during an illegal stop, such as field sobriety tests or breathalyzer results, may be suppressed and deemed inadmissible in court.
Inaccurate or Faulty BAC (Blood Alcohol Content) Results:
Another common defense is challenging the accuracy or reliability of the blood, breath, or urine tests used to measure the driver’s BAC. The defense may argue that the testing equipment was not properly calibrated, maintained, or administered, leading to inaccurate results. Additionally, medical conditions or certain medications can potentially produce false positives or affect the accuracy of BAC tests. Expert witnesses may be called on by a lawyer to provide more information about the BAC level of a client.
Rising Blood Alcohol Defense:
The rising blood alcohol defense argues that the driver’s BAC was below the legal limit at the time of driving but rose to an illegal level by the time they were tested. When a person consumes alcohol, it can take time to enter their bloodstream, and this can cause a BAC level to increase. This defense can be effective when there is a significant time lapse between driving and the administration of the BAC test, casting doubt on the accuracy of the test results in relation to the driver’s impairment level while operating the vehicle.
Necessity Defense:
As a skilled drunk driving lawyer like one from Rispoli & Borneo, P.C. can explain, the necessity defense is the legal argument in which a driver was not able to find a reasonable alternative option except to drive after consuming alcohol. For instance, if a driver had to operate a vehicle while intoxicated to escape immediate physical harm or to transport an injured person to the hospital, this defense may be invoked. The defense must demonstrate that there was a true emergency situation, that there were no other reasonable options available, and that the driver’s actions were proportionate to the potential harm they sought to prevent.
While each drunk driving case is unique, these four defenses are commonly utilized to challenge DUI or DWI charges. Whether through questioning the legality of the traffic stop, challenging the accuracy of BAC test results, asserting the rising blood alcohol defense, or invoking the necessity defense, a skilled defense attorney can build a strong case to challenge the prosecution’s claims. If you find yourself facing drunk driving charges, consult with an experienced attorney who specializes in DUI/DWI defense to understand the best defense strategy for your specific circumstances. Seek prompt legal advice if you are interested in filing a claim by scheduling a consultation with a trusted lawyer now.