Police arrest countless individuals on drunk driving charges every evening. However, police and the protocol they use to identify and charge people with intoxicated vehicle operation are not fool-proof. It's very possible for law enforcement officials to make a mistake and arrest someone intoxicated driving, when the accused was completely and undoubtedly sober. For this reason, every person accused of drunk driving will have the right to defend him or herself against the charges – no matter the facts and circumstances surrounding the arrest.
There will be numerous legal strategies available to defendants as they navigate their criminal charges. Such strategies may include:
1. Challenge evidence presented by the prosecution
The prosecution may provide evidence relating to the results of your field sobriety test and the results of Breathalyzer, urine or blood tests that measure alcohol content. The prosecution may also present witnesses who allegedly witnessed the driver's state of inebriation. Camera footage from bars and restaurants and from the street before and during the drunk driving stop may also be used as evidence.
The accused person might choose to challenge some of the prosecution's evidence and why it is not valid, why it should not be admissible or why it is erroneous or inaccurate.
2. Challenge the prosecution's interpretation of the facts
Of course, every fact is subject to interpretation. In some cases, defendants might identify flaws in analysis or perspective that reveal fundamental questions about the accuracy of the prosecution's version of the facts.
If a drunk driving defendant can cast sufficient doubt on the prosecution's case, he or she may be able to survive criminal trial without a conviction. In other cases, the defendant might be able to lessen the severity of the punishments that result from the criminal proceedings.