No one expects to get arrested for drunk driving, but it is one of the most common criminal charges. Whether you tried to sleep it off in the driveway of a buddy’s house after a party and woke up to an officer pounding on your window or you got pulled over by an officer who misinterpreted your behavior and jumped to the conclusion that you were under the influence, you might find yourself accused of impaired driving when you know that you did not break the law.
Every criminal situation gives rise to unique defense opportunities. What are some of the more common and effective defense strategies for those accused of impaired driving?
Challenge the accuracy of the breath test
The rise in popularity of procedural police television shows has led to many people having an unrealistic idea about the accuracy of forensic tests, like breath tests.
People view these tests as infallible in some cases, but the truth is that they can fail for a broad number of reasons, ranging from health issues that you have to improper calibration by the police department.
Making claims about the accuracy of the test results or the true scientific usefulness of chemical breath tests in general could help those trying to fight back against impaired driving allegations.
Challenge the traffic stop
Police officers sometimes pull people over when they do not actually have a justification for doing so. Racial profiling in a certain neighborhood or a personal history with a driver could lead to an officer conducting a traffic stop without the lawful justification they need to stop a driver.
Raise questions about having control of the vehicle
In a scenario where you knew you weren’t safe to drive but could not stay at the place where you consumed the alcohol, you may have no alternative but to sleep in your vehicle despite the risk it may create. If you can demonstrate with mobile phone records or witness statements that you didn’t start or drive the vehicle at all, that could help you avoid a conviction.
Exploring different means of fighting against impaired driving charges will help those worried about the consequences of a criminal conviction.