It is a charge that most people associate with being foolproof. The police pull you over for whatever reason when you are driving and give you a breathalyzer test. Before you know it, you have been arrested for drunk driving.
Drunk driving charges are serious offenses that can lead to significant legal and personal consequences. While many people presume that once the breathalyzer test shows you are drunk that no more evidence is needed, this is not the case. You should note that if you are faced with a drunk driving charge, there are several common defenses that your attorney may use to help you fight the charges, and in this article, some of the most common reasons against an arrest for drunk driving will be explored.
The police must have a valid reason to pull you over. If the police officer who pulled you over did not have probable cause to stop you, any evidence gathered after the stop might be deemed inadmissible. For example, if you were arrested for swerving, but the officer did not witness any erratic driving, your drink driving solicitors or lawyer may argue that the stop was improper.
- Field Sobriety Tests
Field sobriety tests, like the walk-and-turn or one-leg-stand, are subjective and unreliable measures of intoxication. These tests can be challenged on the grounds that they are not accurate indicators of intoxication and are often administered improperly. An experienced attorney may argue that factors such as the individual’s physical condition, medical history, or even the weather may have affected the results of the test. For instance, if a police officer asks you to stand on 1 leg when it is icy, there is a higher chance of you slipping, thus invalidating the test.
- Breathalyzer Test
Breathalyzer tests are commonly used to measure a person’s blood alcohol content (BAC) level by assessing the breath. However, these tests can produce false readings due to a variety of factors, such as machine malfunction or improper administration. An experienced attorney may challenge the results of a breathalyzer test by examining the calibration of the machine, the qualifications of the technician administering the test, or even the individual’s medical history.
- Blood Test
Blood tests are often considered more reliable than breathalyzer tests. However, the process of collecting and testing the blood sample can be subject to errors, contamination, or mishandling. Your defense lawyer may challenge the results of a blood test by examining the chain of custody of the sample, the qualifications of the technician who conducted the test, or even the individual’s medical history.
- Rising Blood Alcohol Level
An interesting bit of biology here! The amount of alcohol in someone’s system can continue to rise for up to an hour after the last drink. This means that a person’s BAC level may be higher at the time of the blood or breath test than it was when they were driving. Your defense lawyer may stipulate that you were not intoxicated at the time of the stop but instead became intoxicated after you stopped moving.
Remember, each case is different, which is why hiring a lawyer is so important.