Drunk driving charges are always a serious matter, and it is of course never legally advisable to get behind the wheel after you’ve been drinking. However, the field tests that an officer may use to determine whether or not you are driving drunk are not foolproof, and should always face scrutiny if you receive these charges. An effective attorney may find grounds to argue against the reliability of these tests, and may be able to get the charges reduced or dismissed.
If, for instance, a person has a drink before heading out the door of a party, confident that he or she will arrive safely at the next location before the alcohol takes effect, then the stop itself may affect the sobriety of the driver. It is entirely possible that the driver was sober when the officer initiates a stop, but by the time the officer administers a sobriety test, the alcohol has entered the bloodstream and increased the driver’s blood alcohol content.
Similarly, if an officer does not properly perform sobriety tests or calibrate the equipment used in the tests, then these test should undergo great scrutiny. These types of mistakes place a burden on the officer to prove that the results hold up to questioning. Furthermore, an officer may allow personal matters or prejudices to affect the nature of the stop. It is always wise to consider all the factors at play in any DUI charge.
Don’t hesitate to reach out to an experienced attorney who can help you navigate these issues and protect your rights. You may find that you have many more ways of keeping your rights secure than you realize.
Source: Findlaw, “Defenses to Drunk Driving,” accessed Nov. 17, 2017
