When it comes to mounting a defense for those who are charged with DUI, there are several options available. The most common way to defend drunk driving charges is by attacking the officer’s observations of what transpired prior to the arrest or challenging the validity of the evidence, such as the accuracy of chemical test results.
The following are common drunk driving defenses used by criminal defense attorneys throughout Florida and in the United States:
- Improper stop – This entails that the arresting officer did not properly establish probable cause to make the initial traffic stop.
- Administration and/or accuracy of breathalyzer test – The administrator of the breathalyzer test used at the scene could be challenged. An attorney can determine whether there were intervening factors such as mouth alcohol or inadequate calibration with the device.
- Administration and/or chain of custody of blood test – A lawyer can raise questions about the administration of a blood test and/or whether it was tampered with or otherwise mishandled in the chain of custody.
- Administration and/or accuracy of field sobriety test – If the field sobriety test was properly administered or produced inaccurate results, the arrest may be ruled improper. These tests are frequently challenged since the results are often subjective.
- Rising blood alcohol concentration – There are many cases where a defendant’s BAC level was below the legal limit while he or she was driving but actually increased between the time of the traffic stop and the administration of the breath test. It often occurs when recently consumed alcohol has yet to completely absorb into the system until the time of the chemical test.