Drunk driving charges can result in serious penalties, so people who are facing these challenges often want to try to fight the charges at issue. The best defense strategy for any particular defendant depends on the details of their unique situation.
Anyone in this position should remember that the goal of a defense strategy is to cast doubt upon the statements and claims of the prosecution. This can be done in a variety of ways, but those utilized must be grounded in truth to be effective. While there are many options, the following are some of the more common defense strategies used by those who are facing impaired driving charges.
Challenge a traffic stop
One option that’s sometimes possible is to call the reason for a traffic stop into question. Police officers must meet the legal standard of reasonable suspicion to pull a vehicle over. This means that they must observe something that would lead a reasonable person to believe that driving behavior was suspicious enough to warrant a traffic stop.
Question field sobriety tests
Only three field sobriety tests are considered reliable enough to be admissible in court. They are the horizonal gaze nystagmus, which looks at eye movement; the walk-and-turn test, which evaluates multitasking abilities; and the one-leg stand, which tests balance. Even if those were the ones that were performed, it’s sometimes possible to question the administration or interpretation of the tests.
Dispute breathalyzer results
Breath test results can sometimes be challenged in court. Roadside breath tests often aren’t accurate enough to be admissible in court. Stationary breath test machines must be calibrated and maintained properly, and there must be records to show what’s been done and when. Medical conditions can also interfere with the test results.
Negotiate a plea bargain
Sometimes, the best option is to try to work out a plea deal. This may be beneficial if the prosecution will agree to a lesser charge in exchange for a no contest or guilty plea. This isn’t always possible and it’s not always in a defendant’s best interests.
Defendants should work with a legal representative who can advocate on behalf of their rights throughout the case. Learning their defense options and how each may apply to their case can help defendants decide how best to proceed.
