If we want our roads and sidewalks to be safe, driving under the influence of drugs or alcohol is always a bad idea. A drunk driver is far more likely to be involved in an accident and, for that matter, injure himself or herself than a sober driver. For this reason, police aggressively seek to identify, arrest and charge alleged drunk drivers — while enforcing Pennsylvania drunk driving laws. Nevertheless, just because a police officer accused you of drunk driving doesn’t mean that you were actually guilty of the offense.
Due to the fact that an innocent driver could be improperly accused of DUI, every accused driver will have the opportunity to defend him or herself in court. Here are three common defense tactics that drivers might use in this regard:
Improper stop defense
This defense tries to illuminate the fact that the officer did not have a valid reason to stop the driver. When an officer did not have a good reason to pull an allegedly drunk driver over, any resulting charges related to DUI might be thrown out by the court.
Accuracy of field sobriety test results
By calling into question problems with the officer’s administration of a field sobriety test, defendants might be able to invalidate the results of the tests.
Accuracy of Breathalyzer and other tests
Defendants may also be able to call into question the accuracy of Breathalyzer, blood and urine tests if the defendant can identify issues related to the administration of these tests and/or problem with the testing devices.
These are just three possible ways to defend against a DUI charge. There are many other strategies that a defendant might be able to employ depending on the facts and circumstances surrounding his or her arrest. A lawyer may not be required but is often recommended for a fair chance at defending against criminal charges related to DUI.