Defending against drunk driving charges can sometimes seem like an insurmountable task. Yet, with the help of an experienced attorney, there are several strategies which can be employed to minimize potential penalties or even lead to a dismissal of the charges. Comunale Law Office is here to highlight some of the key defense methods attorneys often use in these cases.
Defense against drunk driving charges may include:
- Challenging the legality of the initial stop.
- Scrutinizing the validity of field sobriety tests.
- Disputing the accuracy of breathalyzer results.
If you or someone you know has been charged with drunk driving, understanding these strategies can pave the way for a stronger defense.
Challenging the Initial Stop
Did the police officer lawfully stop the vehicle? This is one of the first aspects an attorney will examine.
The Importance of a Lawful Stop
For a traffic stop to be lawful, the officer must have reasonable suspicion that a driver violated traffic laws or committed a crime. If the officer lacked this sort of probable cause, the entire stop could be deemed unlawful.
What Happens if the Stop Was Illegal?
If an attorney proves the stop was unlawful, any evidence gathered during or after the stop, such as results of field sobriety tests or breathalyzers, may not be admissible in court. This could lead to a dismissal of the charges.
Questioning Field Sobriety Tests
Field sobriety tests are widely used to determine whether a driver is impaired, but they are far from foolproof.
Are Field Sobriety Tests Reliable?
Attorneys often point out that these tests are highly subjective. They require the driver to perform tasks like walk-and-turns or standing on one leg, which can be challenging even for sober individuals due to factors such as medical conditions, poor balance, or environmental factors like uneven surfaces.
An Attorney’s Role
A skilled attorney will examine how the tests were conducted:
- Were the officer’s instructions clear?
- Did the officer follow standardized testing protocols as outlined by the National Highway Traffic Safety Administration?
- Were there other factors that could have influenced the results, such as nerves or fatigue?
If the attorney finds inconsistencies or improper administration, the results may be thrown out.
Disputing Breathalyzer Results
Breathalyzer tests are commonly utilized in DUI cases, but they are also not immune to error.
Common Breathalyzer Issues
Breathalyzers measure the amount of alcohol in your breath to estimate your Blood Alcohol Concentration (BAC). However, various factors can affect these tests’ accuracy. An attorney can dispute breathalyzer results by addressing:
- Calibration Errors: Breathalyzer devices must be regularly calibrated to ensure accuracy. If maintenance records reveal irregularities, the results could be considered unreliable.
- Operator Mistakes: Did the officer administering the test have proper training? Deviation from protocol can compromise the validity of the test.
- Environmental or Health Factors: Certain substances (such as mouthwash) or medical conditions (such as acid reflux) can lead to false positives.
The Value of a Skilled Defense Attorney
Defending against a drunk driving charge requires more than just knowledge of the law. It demands attention to detail, experience in analyzing evidence, and a strategic approach tailored to your specific case and circumstances.
At Comunale Law Office, we have over 30 years of experience protecting clients’ rights in Dayton and the Miami Valley. We understand the stakes, and we work tirelessly to minimize the impact of drunk driving charges on your life, your family, and your future.
If you are facing drunk driving charges, contact Comunale Law Office today and experience the difference of having skilled advocacy on your side.
