Drunk driving charges are serious criminal charges which is why victims need to be familiar with the common defenses to drunk driving charges. Criminal defense options can help drivers facing drunk driving charges with the upheaval DUI charges and the penalties associated with them can lead to.
Common defenses to drunk driving include affirmative defenses and several other types of defenses. Accused drivers should be familiar with each of drunk driving defense options available to them.
Affirmative defenses apply in limited circumstances accused drivers should be familiar with so they know if one of them applies to them. Affirmative defenses include necessity, duress, involuntary intoxication, entrapment and mistake of fact.
Breathalyzer test challenges
Breathalyzer tests must meet certain requirements. They must be routinely maintained and calibrated to produce reliable and accurate results. They need to be routinely maintained and calibrated at set intervals. In addition, the police officer administering the test must be properly trained to administer it and must ensure they follow the training they have received when administering the breathalyzer test. If the breathalyzer test fails to meet any of those requirements, it may be possible to challenge it.
Field sobriety test challenges
Field sobriety tests must also meet certain requirements for the field sobriety test results to be considered reliable and accurate. The police officer administering the field sobriety test must be trained to administer it and must administer the field sobriety test according to the training they have received. If the field sobriety test fails to meet any of those requirements, it may be possible to challenge it.
The best criminal defense strategy for each individual depends on the situation and circumstances they are in. Knowing about the different options available is an essential first step for accused drivers to take to form a strong criminal defense strategy for their situation and circumstances.