An overview of common defenses to drunk driving charges

On Behalf of | Dec 30, 2015 | Drunk Driving

Michigan residents may find themselves partaking in alcoholic beverages to ring in the New Year which, when done responsibly, is completely legal. However, with increased alcohol consumption during the holiday season, law enforcement officials will likely be out in significant numbers seeking out drunk drivers.

There will inevitably be some Michigan residents who are arrested and charged with driving under the influence during this time of year. Whether they are arrested after being pulled over or at a DUI checkpoint, these individuals will be facing an aggressive prosecution. If convicted, they could see serious penalties, including jail time, heavy fines and a suspended license. When facing drunk driving allegations, these accused individuals should consider their defense legal options carefully.

There are many defenses available to DUI defendants. First, and perhaps the most successful, is showing that a police stop was improper, meaning that the police did not have probable cause to make the stop that led to the charges. Second, an accused individual can claim that there was an improper administration of field sobriety tests. A defendant can also state that the accuracy of a breathalyzer test reading was inaccurate. If an accused individual was subjected to a blood test, that person may be able to claim that the chain of custody for the sample was compromised, thereby raising doubt as to the validity of test results.

This is just a handful of the potential defenses available to those accuse of DUI. To learn more about which defense may be best suited for their case, those facing criminal charges may need to get more information about their individual circumstances.

Source: FindLaw, “Defenses to Drunk Driving,” accessed on Dec. 26, 2015



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