Choosing an Impaired driving defense strategy should not be taken lightly. While the prosecution’s case against you is strong, you have many other options. Using multiple points and a comprehensive defense strategy, you can challenge the validity of the test results and the accuracy of the testing equipment. This way, you can raise serious questions about the validity of the traffic stop and arrest. Many impaired driving defense options include multiple points as well. Remember that a successful impaired driving defense strategy must address both aspects of the case, including the penalties and consequences.
DUI defense has long been a challenge, but the current harsh prosecutorial climate and advances in blood alcohol-testing technology have made it more difficult to mount a successful defense. This Ninth Edition of Criminal Law and Impaired Driving Defense includes new coverage on the legal and practical aspects of defending DUI cases. Among the Impaired driving defense updates are a new section on the Sentencing of Non-Citizens and SCRAM(r) breath testing devices, comprehensive coverage of the drug-impaired driving (DUI) by marijuana, and updated information on admissibility of chemical test evidence.
While driving under the influence of drugs is illegal in many states, this is not always the case. Some drugs may not even be considered illegal if they cause impaired driving. In fact, many types of prescription and over-the-counter drugs can impair a driver’s ability to drive. Therefore, a good DUI defense must be planned and formulated to give you the best chance of winning your case. Fortunately, there are several effective defense strategies you can employ if you’re arrested for driving under the influence of drugs.
Field sobriety tests
If you’ve been arrested for DWI, you may be wondering how to use field sobriety tests as your defense. You may be surprised to learn that there are many reasons that these tests can be deceptive. First, not all of them are standardized. Although officers are required to follow guidelines, errors are possible. Even if the tests are standardized, poor performance can lead to suppressed results. This can complicate the prosecution process and destroy the evidence of arrest.
Chemical test results
Defendants who have been arrested for DUI should be aware of the different kinds of chemical test results that will be presented during trial. Chemical tests, such as blood and breath tests, are the most common types of testing used in drunk driving cases. Blood tests will reveal the substance or substances found in the person’s system, whereas breath tests will detect the alcohol on the driver’s breath and estimate the blood alcohol concentration. Breath tests are used for both preliminary alcohol screening and evidential DUI cases.
Reliable test result
A blood alcohol content test has many potential flaws and is not a reliable source of evidence for your impaired driving defense. For example, the test administrator may have failed to warm up the machine properly or obtain a sample from a driver’s deep lungs. Additionally, there may be errors in the equipment used or the procedure used to administer the test. The results of the test may also be affected by the driver’s age, lungs, and other factors, such as whether the driver is suffering from a medical condition. Also, a breath test may be inaccurate if the administrator did not observe the driver sufficiently before administering the test.