Drunk driving is serious and something that law enforcement agencies are doing their best to curb. Being pulled over for a DUI stop can be scary and stressful, especially for those who have never been pulled over by a police officer. Being arrested and charged with DUI does not have to be the end of the road for you. There are defenses to drunk driving that can be used in court to have the charges reduced or dropped.
One of the most common defenses of drunk driving is looking into the validity of the traffic stop. Was there probable cause for the police officer to stop your vehicle? Was there an active DUI checkpoint that the police failed to notify the public about when you were stopped? If any of these questions come with a ‘yes’ answer, you could present this defense in court.
Another common defense to drunk driving is questioning the training of the police officer in administering a breath test. If the officer’s training record is not complete, or no training was received, this is a defense to use in court.
Quite a few drunk driving cases have been thrown out in court due to improperly functioning breathalyzers. These devices must be calibrated routinely in order for them to work properly. If the calibration records of the device are not updated, or the device hasn’t been calibrated recently, then the charges could very well be thrown out by the judge.
When pulled over for suspicion of DUI, the police officer is required to observe the suspect for a period of 20 uninterrupted minutes before administering a breath test. This is to ensure nothing interferes with the suspect’s blood alcohol content. If the 20 minutes of uninterrupted observation were never observed, this can be used as a defense in court to have the charges reduced or dropped.
An experienced criminal defense attorney can answer all of your questions regarding drunk driving in Columbus, Ohio.
Source: FindLaw, “Defenses to Drunk Driving,” accessed April 24, 2017