It may seem as though a drunk driving charge can’t be beat, but there are plenty of ways that someone accused of such an offense can build their case. Make sure you talk to an experienced attorney as soon as possible after you are charged. Together, you and your attorney can start building your defense.
But what case can you make? The police already have their evidence, and everything seems to be on their side. What could you possibly do?
Well, there are a few ways you could challenge the prosecution’s case. A common defensive tactic is to challenge the way the police or the prosecution handled your case. This can be done by challenging the accuracy of a breath test, or the way it was administered; the same can be done for a blood test or field sobriety test; and you can even challenge the chain of custody of a blood sample.
In addition, you could make the case that you had a rising blood alcohol level — meaning that at the time of the arrest you were actually under the legal limit, but by the time you were tested, your BAC had risen above legal limitations.
There are also some unique circumstances that can arise that force someone to drive under the influence of alcohol. This can happen literally — i.e. someone is placed under duress by threat of physical harm — or it can happen in other ways, such as if a medical emergency forces someone to drive while they are intoxicated.
Source: FindLaw, “Defenses to Drunk Driving,” Accessed Sept. 9, 2015