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Can you really fight drunk driving charges?

DUI charges are so common these days, especially in tourist destinations, that it may often seem as though they are not truly a serious charge. However, these charges carry very serious weight, especially once a driver has a DUI conviction on his or her record. if you face DUI charges of any kind, you must do everything you can to fight them, for the sake of your future rights and privileges. The thing is, it's not always easy to know how to build your defense.

Defenses to drunk driving vary depending on the nature of the offense. Unless a defendant chooses to use an affirmative defense like, "I was fleeing a dangerous situation," most defenses fall into two categories: either faulty action by the officer conducting the stop or faulty collection or interpretation of evidence.

If the officer who issued the charges did not have a good reason to pull you over, for instance, you may argue that the stop itself is invalid. Similarly, if an officer stops you with proper justification, but then proceeds to violate your rights, such as your Fourth Amendment rights against unreasonable search and seizure, you may contest the charges based on this violation.

It is also possible to object to the evidence against you. For instance, if you had a single beer before hitting the road and then got pulled over, you may have grounds to claim that your blood alcohol concentration (BAC) was below the legal limit while you drove, but over the course of your interaction with the officer, you absorbed the alcohol into your bloodstream and exceeded the legal limit.

No matter how you received your charges, you probably have some grounds on which you can build your defense. Do not wait a single day before beginning this important work, or you may pass by important opportunities to protect yourself and your rights in the future.

Source: FindLaw, "Defenses to Drunk Driving," accessed April 06, 2018

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