Billam & Henderson, LLC Attorneys at Law
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Possible defenses to drunk driving charges

Drunk driving charges can be particularly serious and can rob accused individuals of their freedom and future. There are a variety of different options when defending against drunk driving charges and accused individuals should be familiar with all of them and which options may be able to help them in their situation and circumstances.

Some types of defenses are considered affirmative defenses, while others focus on procedures that are designed to protect the rights of accused individuals and challenge the charges if those procedures were violated in any way. In some circumstances, it may be possible to challenge the accuracy of a breath test or argue that a more accurate result could have been obtained by a breath test at the police station or that the accused individual's blood alcohol content level rose between the time of the stop and the time of breath test. The accuracy of breath test results can also be interfered with if the accused individual vomits during the tests or in some other situations.

While a breath test can also be challenged if it was improperly calibrated, maintained or administered, a field sobriety test can also be challenged is the police officer was not trained to correctly administer the test. Additionally, the chain of custody associated with a blood test may also be challenged and it may also be possible to challenge an improper stop that resulted in a drunk driving charge if authorities did not have probable cause to stop the accused individual. Affirmative defenses are the other type of possible defenses to a drunk driving charge and include necessity, duress, entrapment, involuntary intoxication and mistake of fact.

It is critical to be familiar with drunk driving defenses and to develop a strong criminal defense strategy which may help reduce or eliminate the charges the accused individual is facing resulting in a dismissed charge or potentially reduced penalties. Because the everyday impact of a drunk driving charge can be so severe, it is essential for accused individuals to be familiar with their options.

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