Drunk drivers often try to avoid paying damages and have the charges dropped based on technicalities. Below are some of the most common defenses used in court. According to LMDLawFirm.com, an individual dies due to a drunk driving accident every 52 minutes, and these defenses can result in victims not receiving the justice they deserve.
Unlawful Stop
A police officer must have probable cause to pull someone over. If the defendant believes the cop stopped them without cause, they will use this as a defense. They may argue that they were stopped because of their race, age, car model, or area in which they were driving.
An unlawful stop can also mean police set up a roadblock or checkpoint without the proper authorization, meaning they routinely stopped citizens for no reason.
Improper Field Sobriety Test
Field sobriety tests are often dismissed because they are not concrete evidence. These tests can be improperly administered, wrongly assessed by the officer, not filmed, or involuntarily performed. The defendant can argue they felt forced to do the tests or did not understand them.
Faulty Breathalyzer Test
A defense attorney may argue that the breathalyzer machine was faulty or misused. They can say that the officer did not use the machine correctly, the defendant’s medical condition affects the results, or the reading was simply inaccurate.
Also, officers in most states must administer at least two tests, so the breathalyzer test can be inadmissible if they do not do this.
Rising BAC
After someone drinks alcohol, it takes a little while for their BAC to rise to illegal levels. An attorney may argue that at the time of the traffic stop, their client’s BAC was below the legal limit, but the cop detained them for long enough that their BAC rose above the legal limit.
This defense isn’t typically effective, implying the driver would eventually have become too intoxicated to drive.
Validation of Behavior
The defense may present a valid reason for the unusual behavior and appearance. A driver may say they were overtired; they have medical problems that make them seem impaired. A driver may argue their vehicle was broken, causing their driving to seem “out of control.”
Another validation of behavior does not argue that the driver was not drunk but argues the driver was involuntarily intoxicated, meaning the driver was drugged without their knowledge/against their will, causing them to become drunk.
Violation of Miranda Rights
A common defense is the violation of Miranda Rights. If the cop did not clearly and promptly read the defendant’s Miranda Rights, the case can be thrown out, and charges dropped. Violations include:
- Not reading the rights at the time of the arrest
- Not reading the rights at all
- Ignoring a request for an attorney
- Question or interrogate the defendant before reading their rights
A violation of Miranda Rights is almost guaranteed to get the case thrown out, meaning many DUI offenders are let go because of careless arrests.
Lack of Evidence
A lack of evidence is one of the most common reasons a drunk driver gets out of their DUI charge. A defense lawyer can argue there is reasonable doubt if there are no solid blood tests, breathalyzer reports, or video evidence proving intoxication.
Unreasonable Detention Length
Detention is when a police officer holds you but does not officially arrest you. They will not read you your Miranda Rights but will ask you to stay where you are. Detention can be voluntary or involuntary, depending on the situation. If an officer holds someone in detention on the side of the road for too long, usually an hour or longer, it leads to dropped charges.
Victims of Drunk Driving
Unfortunately, the victims of drunk driving are rarely the offenders. These defenses are commonly used in court to free the offender of DUI charges, often meaning victims of their actions do not receive the compensation they deserve.
These common DUI defenses give you an idea of what to expect in court.
