Motorists can deal with a drunk driving charge in a variety of ways, more than most people would think. There are effective defenses for those who are actually innocent, along with defenses that can help drivers against whom there is compelling evidence. In general, it is your defense attorney’s job to make sure the penalties are as minimal as possible if you do end up with a conviction.
Regardless of whether you made a mistake or you were completely sober, it is important that you are not treated unfairly and that everything the officers did at the scene was done by the book. Here’s a little more about how you can protect yourself with a solid defense.
1. Question the traffic stop
A defense attorney will look at how the evidence against you was collected. Initially, an officer must have a reason to pull you over. You might have had a bad tail light or have weaved in the road. In any case, there must be a good reason to stop you. If there wasn’t, then any evidence collected after your stop could be inadmissible in court.
2. Question the accuracy of the test
Another thing to question is the accuracy of the tests you were given. In most cases, officers have to take at least two breath tests within a certain amount of time. The reason they do this is to make sure that the device is reading accurately.
For instance, if you take a breath test that reads .01 and another that reads .08, that’s a huge discrepancy and a sign that the test is not accurate for some reason. In this case, it would be very beneficial for you to recall the discrepancy and discuss it with your attorney. The officer should also have recorded the findings and noted the problem. Even if the readings are both above .08, there could be a problem with the device itself. You should not face charges if the accuracy of a device is in question.
3. Question the ability of the officer to provide the test
Finally, it is important that the officer who gives you the test is properly trained to do so. If they were not trained adequately, or if they did not recently perform maintenance on the device, your attorney can use this in your defense. This could help you walk away without penalties.
Even if you are guilty of driving while under the influence, it is in your best interest to work with your attorney to find the most favorable resolution to your case. With the right help, it’s possible to minimize the penalties against you.