Drunk Driving Defenses

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Depending on the facts and circumstances of each particular case, some common defenses to a drunk driving charge include:

Whether the driver was impaired and/or intoxicated through the use of alcohol

Whether the driver was "operating" a motor vehicle on a public roadway

The legality of the traffic stop

The police officer's reasonable suspicion to investigate a driver's sobriety

The police officer's probable cause to detain the motorist

Whether the officer had probable cause to effectuate an arrest

The sufficiency of the evidence against the driver

Whether the officer's training and other qualifications provided adequate skill in conducting the investigation

Whether field sobriety tests were performed correctly and whether those tests showed sobriety

The validity of the chemical body analysis

Whether the chemical testing was performed within a reasonable time of the traffic stop

Whether administrative rules were complied with by the police officer

Whether jurisdictional matters are proper

Some or all of the above matters may be a defense in any particular case. Careful review of the police reports, chemical testing results, the DI-177, videotapes, audiotapes, and radio transmissions may reveal weaknesses in the prosecution's case, resulting in a reduced plea to a non-alcohol offense or dismissal of the charges.

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