Drunk driving convictions carry stiff penalties in Ohio. You could lose your license, be subjected to fines and possibly go to jail depending on the circumstances of your case. Because any of these consequences could have a major impact on your life, you may be wondering how to avoid them.
There are several ways to challenge a drunk driving charge. While approach you take should be determined based on your unique situation and under the guidance of your attorney, today we will give you an overview of some of the most common defenses for DUI.
Challenging The Traffic Stop
One approach to building a defense against drunk driving charges is to challenge the traffic stop itself. In other words, did police have probable cause to stop you? If you were obeying traffic laws at the time of the stop, police may have acted wrongly by stopping you. In that case, the charges could be dropped altogether.
Challenging The Breath Test Results
Another common defense in DUI cases is to challenge the accuracy or administration of the breath test machine. Police rely heavily on breath test results when making DUI arrests. However, breath test machines must be properly maintained and administered in order to be considered accurate. A criminal defense attorney will know how to determine whether the machine was properly calibrated before use and if the officer may have administered it wrongly.
Challenging The Field Sobriety Test
The third and last defense we will cover today is challenging the field sobriety test. Police officers are required to follow certain rules when administering a field sobriety test. The test should be fair and the instructions should be clear. If the officer did not administer the test according to accepted standards, it can help your case.
While there are several ways to challenge a DUI charge, these three are among the most common. We hope this overview gives you a better idea of your options when charged with DUI. As with any criminal charge, however, it may be in your best interests to consult with a criminal defense attorney who can help you make the right decisions for your situation.
Source: FindLaw, "Defenses to Drunk Driving," Accessed July 14, 2015