Sheehan & Associates, P.L.C.

Drunk driving: How can you defend against charges?

When you face charges for drunk driving, you may find yourself at a genuine loss as to how this situation came about. Unfortunately, this type of predicament befalls numerous individuals every day. However, after having charges leveled against you, you have legal options for defending against the allegations in a court of law.

Various defense strategies exist for such instances, and you may wish to assess the specific details of your case to determine which avenue may best suit your needs.

Involuntary intoxication

A situation may present itself in which you have consumed alcohol without your knowledge, or other individuals may have forced you to ingest alcohol. Having "spiked" drinks at parties can sometimes catch individuals unaware, and as a result, a person can become intoxicated without realizing. Subsequently, you may drive home due to not feeling well, and police may stop you. In such cases, arguing that involuntary intoxication took place may be a valid defense.

Duress

As mentioned, you may have been in a situation in which coercion to consume alcohol took place, and in such cases, you undoubtedly felt unsafe and ill at ease. As a result, you may have had to drive yourself away from the area in hopes of foregoing further harm. When you are under duress, you may have to carry out actions you might not have done otherwise, such as drunk driving.

Improper stop

A relatively common defense argument involves the notion that an officer made an improper traffic stop when pulling you over. An officer needs probable cause to make a fair and legal stop. If no proof exists that an officer had probable cause to stop your vehicle and subsequently charge you with drunk driving, you could build a defense around that lack of evidence.

Accuracy of testing

Officers often use a variety of field sobriety tests and blood-alcohol tests to determine intoxication. However, your attorney may question the accuracy of those tests and the arresting officer's administration procedures. If an officer does not carry out these tests properly, a court could potentially deem the results inadmissible.

These are just a few examples, and the type of defense you utilize will depend heavily on how your charges came about and how you wish to approach your case. Because many factors could affect your case, and various aspects need consideration, you may find yourself feeling overwhelmed. Luckily, you do not have to feel alone when dealing with such a predicament.

With the assistance of experienced Michigan defense attorneys, you may have the chance to better understand your options and how to approach your case in an effective manner fitting your specific needs.

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Sheehan & Associates, P.L.C.
1460 Walton Blvd , Suite 102
Rochester Hills, MI 48309

Toll Free: 877-600-7891
Phone: 248-218-1473
Fax: 248-650-5368
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