Many people all across this great country are accused of driving under the influence every year. Some of them see their cases dismissed, others aren’t so lucky. But one question that many people may not fully think about is how, exactly, would someone accused of driving under the influence of alcohol or drugs defend their case. What would they say to justify or defend their behavior?
Today, we’re going to talk about a few of the strategies that can be deployed by people who are accused of driving under the influence:
- There is a wide array of defense strategies that qualify as “affirmative” defenses. Essentially, these defenses accept that the person was intoxicated — but there was another reason why they were operating a vehicle under the influence. For example, maybe the person was forced to drive under the influence under threat of force or harm. Maybe they were entrapped by the police, or there was a necessity to drive under the influence — such as in case of a medical emergency.
- There are also some common defense strategies that question the procedures taken by police. For example, was the initial stop legal? Did the police have probable cause? Was the field sobriety test, blood test or breath test flawed in any way? Could the results of those tests have been tainted or fraudulent?
- In addition to these defense tactics, you could also argue (depending on the case) that you were mistaken for someone else, or that the police acted improperly during your case.
Source: FindLaw, “Defenses to Drunk Driving,” Accessed Jan. 15, 2016