One of the very important decisions that can have an impact on a drunk driving defense case is what type of defense strategy you are going to use in your case. This decision usually takes the prosecution’s case against you and your version of the events into account. It is crucial that you carefully consider how each defense strategy might affect you and the outcome of your case.
What are some of the common drunk driving defenses?
Some of the common drunk driving defenses call the legality of the stop or the procedures used into account. For example, you might challenge the accuracy or administration procedures of a breath test. You might also question the legality of the initial stop that led to the charges. Another interesting defense concept is to call into question the increasing level of blood alcohol concentration that occurred between the traffic stop and the chemical test that is admissible in court.
Are there ways to admit to drunk driving but still present a defense?
There are several affirmative defense options you can consider for a drunk driving defense. One is that you were only driving because it was an absolute necessity. You might also claim that you didn’t think you were intoxicated and had a valid reason to believe that. You might also claim that you drove under duress or that you were involuntarily intoxicated.
There are some instances in which you can claim other similar circumstances, but you must make sure that your claims are factual and that you can prove them when you are presenting your defense.
Source: FindLaw, “Defenses to Drunk Driving,” accessed Jan. 29, 2016