New York Civil Rights And Criminal Defense Lawyers

The different ways to defend against drunk driving charges

On Behalf of | Tuesday Jul 28, 2020 | Criminal Defense

Drunk driving charges are serious criminal charges with significant potential penalties and consequences associated with them. Authorities, however, may make errors during the arrest process or the evidence being used against the accused individual may be questionable.

As a result, drivers accused of drunk driving should be familiar with the different ways to defend themselves against the charges they are facing based on any violation of their rights or mistakes made by authorities. Different drunk driving defenses include:

  • Challenge to an improper stop – police must meet certain standards for a traffic stop and if they do not, the traffic stop may be illegal. If these circumstances exist, it may be possible for the accused driver to challenge the DWI charges they are facing on that basis.
  • Challenge to breathalyzer test – there are different ways to challenge breathalyzer tests. If the breathalyzer test has not been properly calibrated and maintained, it may be possible to challenge the reliability and accuracy of the results. If the breathalyzer test is not properly administered or the police officer administering it does not have the appropriate training to administer it, it may be possible to challenge the breathalyzer test.
  • Challenge to field sobriety test – field sobriety tests can be challenged, along with breathalyzer tests, if they are not properly administered or the police officer administering one does not have the appropriate training to do so.

There are a variety of different ways to approach DWI charges and the best possible defense depends on the unique circumstances of the accused driver. It is important to meet DWI charges head on with a drunk driving defense that takes on the accused driver’s situation and is best able to help them which is why familiarity with defense options is good to be aware of.

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