Charged with Drinking and Driving? One of These Defenses Might Help

Being charged with a DUI can be quite unsettling. However, you are innocent until the prosecutor proves otherwise. Regardless of how hopeless it might seem, there are plenty of defenses available to help you overcome the charges pending against you and walk away with a clean record. To get through your case, ask your lawyer what possible defenses you might be able to use in relation to your charges. Some of the common ones are listed below.

Challenging the Breath Test

Depending on what the law is in your state, you might be able to challenge the results of the breathalyzer. These machines measure the amount of breath alcohol you have in your system by turning that measurements into a BAC (blood alcohol content) ratio. Breathalyzers tend to use a standard ratio for everyone. While this might be a simple way to calculate BAC, it isn't accurate. Actual ratios are going to vary from one person to the next, even within the same person. The machine has to be calibrated properly if it is going to work right. If the unit isn't calibrated properly, it will render the results inaccurate.

Challenging the Blood Test

Once again, the laws in your state will determine whether you can challenge this test or not. In certain cases, you might be able to challenge how the sample was handled. Discussing how the sample made it from you to the lab could prove quite useful when going against this particular means of determining whether you were legally intoxicated or not. One slipup or mishandling of your blood sample might be all it takes to have your results thrown out in a court of law.

Challenging the Sobriety Checkpoint

If you were arrested at one of the sobriety checkpoints, there are certain challenges available to you. In the states where sobriety checkpoints exist, police officers have to follow certain guidelines throughout the time the checkpoint is active. If they don't meet certain criteria, your lawyer might be able to have all of the evidence gathered from that checkpoint thrown out. Make sure to ask about the specifics required to use this as your defense.

Even though you might be facing criminal charges for driving while intoxicated, there are options available to you. Spend some time discussing the situation with a DUI lawyer, such as one from Hogan-Kimrey LLP Attorneys At Law, to determine what the best way to proceed is. In knowing what went wrong, you can easily fight the charges pending against you.