Four Most Common Defenses to Drunk Driving Charges

If you've been charged with drunk driving, you might be looking at possible defenses to get yourself out of hot water. Although most drunk driving charges end in conviction, there are four common defenses that have worked for numerous defendants. Of course, a great defense is not a replacement for legal counsel, and you should take steps to avoid drunk driving charges in the future.

1- Incorrect Test Results

The police use a wide variety of sobriety tests before they arrest a suspect on drunk driving charges. Blood-alcohol content, for example, is frequently taken to determine if the suspect is over the legal limit of intoxication. Of course, these tests are not infallible, and police officers must follow the proper procedures when administering them One of the most common defenses to DUI and DWI charges is incorrect test results that the defendant argues are not admissible in court.

For example, police officers in most jurisdictions are required to inform the suspect of his or her rights concerning sobriety tests, and to contact a superior officer if the test comes back with an error reading. Failure to observe these procedures can make the results inadmissible in court, therefore ensuring a dismissal of drunk driving charges.

2- No Probable Cause

Most people know that police officers can arrest a suspect only when they have an arrest warrant, or when they have probable cause. There are numerous ways in which law enforcement can obtain probable cause for drunk driving charges, such as a driver who changes lanes erratically or has the smell of alcohol on his breath.

There are just as many defenses to probable cause, however, and if you can prove that the arresting officer had no basis for the arrest, you might be able to beat the drunk driving charges. Raising this defense in court is a gamble, but many defendants have used it successfully, and it is easier to prove when there was just one officer at the scene.

3- Innocence