When a person receives drunk driving charges, it is important to begin building a strong legal defense as soon as possible. Many drunk driving charges are not open-and-shut cases, and a strong legal defense helps ensure that the defendant’s rights remain secure throughout the defense process.
If you recently received drunk driving charges, you should begin building your defense now if you have not already begun. For some defendants, building a defense may seem like a lost cause, particularly if charges arose after the defendant failed a Breathalyzer test. Breathalyzer results are strong evidence, but still have weaknesses. You may have many defensive opportunities, as long as you take action quickly.
Examine the evidence
One of the most important reasons why you must begin building your defense quickly is to give you time to review the evidence against you. If you wait to request the evidence, you may not get this opportunity.
This is particularly important when the arrest involves a Breathalyzer test. Breathalyzers may produce inaccurate results if the device does not receive regular calibration and maintenance. If you have any reason to suspect that the device your arresting officer used was not properly calibrated, this may prove useful in your defense.
Examine the circumstances
Sometimes, officers do not account for circumstances when administering sobriety tests. A defendant with a certain type of illness may produce alcohol-like compounds internally, which skew test results.
Similarly, if an officer conducts a field sobriety test involving the suspect’s range of motion and ability to “walk a straight line,” uneven surfaces and wet surfaces may compromise the test. These defenses are only applicable in certain situations, so you must review your case carefully.
Examine the officer’s behavior
Your arresting officer has a duty to uphold the law without violating your rights or abusing you. As you review your arrest, consider the actions of your arresting officer. If you prove that the officer violated your rights during your interaction, courts may reduce or discard the charges.
These are not the only defensive options, so it is important to understand as much about your arrest and your charges as you can. With careful planning, you may build a defense to protect you from unfair sentencing and punishment.
Your defense is not one-size-fits-all. Make sure to use high-quality legal resources as you need them to craft a defense that meets your needs and keeps your rights secure while you fight against your charges.