Drunk Driving Defenses

Depending on the facts and circumstances of each particular case, some common defenses to a drunk driving charge include:

  • Whether the driver was impaired and/or intoxicated through the use of alcohol


  • Whether the driver was "operating" a motor vehicle on a public roadway


  • The legality of the traffic stop


  • The police officer's reasonable suspicion to investigate a driver's sobriety


  • The police officer's probable cause to detain the motorist


  • Whether the officer had probable cause to effectuate an arrest


  • The sufficiency of the evidence against the driver


  • Whether the officer's training and other qualifications provided adequate skill in conducting the investigation


  • Whether field sobriety tests were performed correctly and whether those tests showed sobriety


  • The validity of the chemical body analysis


  • Whether the chemical testing was performed within a reasonable time of the traffic stop


  • Whether administrative rules were complied with by the police officer


  • Whether jurisdictional matters are proper


    • Some or all of the above matters may be a defense in any particular case. Careful review of the police reports, chemical testing results, the DI-177, videotapes, audiotapes, and radio transmissions may reveal weaknesses in the prosecution's case, resulting in a reduced plea to a non-alcohol offense or dismissal of the charges.

    Please do not hesitate to call our law offices if you have been charged with a drunk driving DUI OWI DWI charge. Call us toll free at (888) 941-1122. Experienced drunk driving defense attorneys are ready to help you fight your case.

    Disclaimer: The materials contained in this web site have been prepared for informational purposes only. The information is general in nature, and it may not apply to particular factual or legal circumstances. In any event, the materials do not constitute legal advice or opinions and should not be relied upon as such. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon any information in this web site without seeking professional counsel.

    © Copyright 2004 William J. Maze, PLC. All Rights Reserved.

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