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.
