Facing a drunk driving charge requires you to consider various defense options. They can vary based on the circumstances of the case at issue. If your case goes to trial, part of the defense will likely be based on the claims the prosecutor is making, for example.
In some cases, the facts that are being presented by the prosecution can be challenged. The premise behind this is to raise reasonable doubt about those claims. The following are two common challenges that may apply in a drunk driving case.
Interpretation of the field sobriety test
Field sobriety tests aren’t infallible, even the three tests that are part of the standardized field sobriety test that’s endorsed by the National Highway Traffic Safety Administration. All of these tests depend on the administering officer interpreting results properly. Bringing up questions about an officer’s training, the conditions present during a test and an officer’s observations may all be valid defense strategies.
Calibration of the breath test equipment
Breath test equipment must be calibrated regularly to ensure that it’s providing accurate results. Smaller preliminary alcohol screening devices, which are the ones used on the roadside, aren’t admissible in court because they can’t be reliability calibrated due to their constant transportation. Larger, stationary breath test machines can be properly calibrated and remain in one place, so they’re considered accurate enough to be used in court. Calling a calibration schedule, method and records into account may be a suitable strategy for some drunk driving defenses.
Determining a drunk driving defense strategy that’s appropriate for your case can be a complex undertaking. Evaluating options can be challenging, so it might be beneficial to work with a legal professional familiar with your case so they can provide assistance with getting a strategy set.
