What are the best defenses to drunk driving charges?

Aug 12, 2022 | drunk driving

One moment you may be driving home, and the next you could find yourself on the side of the road after a law enforcement vehicle pulled you over. A traffic stop for suspected drunk driving can be daunting, and it will be even more so if police place you under arrest for the intoxicated operation of a motor vehicle. In Ohio, drunk driving comes with steep penalties, and if you are facing this type of criminal charge, it will be in your interests to know how to defend yourself.

The best and most effective way to defend yourself against drunk driving charges depends on the details of your individual case. A careful look at the details of your case, including your interaction with law enforcement, can help you identify the specific ways that you can best defend your interests. It is possible to develop a defense strategy that allows you to effectively confront the prosecution’s case against you.

Choosing the right approach

Regardless of the details of your case, you have the right to tenaciously defend your interests and seek the most beneficial outcome to your case. The following are examples of how you can fight back against an OVI or DUI charge:

  • Authorities lacked probable cause to initiate the traffic stop in the first place.
  • There was improper administration of Breathalyzer tests or field sobriety tests.
  • There are biological factors that impacted the test results, such as a medical condition.
  • The was a compromise or mistake in the chain of custody of a blood test.
  • The Breathalyzer device malfunctioned or had not received proper calibration.

If there was a violation of your rights or problem with the initial DUI traffic stop, you may have grounds to challenge the entire case brought by the prosecution. It is possible you could fight for a dismissal or reduction of charges.

Your past and your future

A DUI or OVI on your criminal record will have an impact on your future. The ideal defense strategy that best suits your individual situation depends on certain factors, including your criminal history. You may benefit from seeking experienced counsel regarding the specific defense options available to you, and taking this step as soon as possible after an arrest is prudent. When it comes to a drunk driving charge, a guilty plea or conviction is not your option.