Defenses to Drunk Driving Charges

Drunk Driving cases are tough.  They are so tough many lawyers do not even attempt beat the charge – they immediately approach the prosecutor and try to negotiate a plea. Not trying to fight a DUI / OVWI is a mistake.

Drunk driving cases are hard to defend, but not impossible.  Here are some of the more common types of defenses to drunk driving that are available.

1.  Improper Stop.   This is a common defense used in drunk driving cases.  It essentially a defense that the police officer lacked probable cause to pull the motorist over.
2. Accuracy of the Field Sobriety Tests.  These roadside tests are standardized and must be done in a specific way for the tests to be accurate.  Many officers make mistakes when administering these tests.  Showing the court that the officer does not know how to properly administer the Field Sobriety Tests informs the court that the officer is not as reliable as the Prosecutor makes him out to be.
3. Administration and Timing of the Certified Chemical Test (breath test).  The certified chemical test of either breath or blood is the single most damning piece of evidence in a drunk driving trial.  Because of this it needs to be your lawyer’s number one job to eliminate that piece of evidence.   The officer needs to be thoroughly questioned on how he administered the certified chemical test.  Additionally, your attorney needs to obtain and review the machine calibrations and other data.
4. Someone else was driving.   Attorney Marc Lopez has had two instances where clients of his were passengers in a vehicle that was being driven by another person.  This person crashed the vehicle and then fled the scene.  These clients exited the vehicle and then waited for police to arrive.  When police arrived they arrested these clients for drunk driving.
5. Improper Police Actions.  The Indiana Court of Appeals has recently held that a police officer cannot order a suspected drunk driver out of his or her car at gunpoint or take other unreasonable actions when stopping a suspected drunk driver, such as having the suspected driver lay face down on the pavement.
6. Necessity.   When a person must drive to prevent a greater evil. The driver must prove that he or she had no other options and that the “greater evil” they wished to avoid was more serious than the potential harm caused by a DUI / OVWI.  This is a very difficult defense.
7. Involuntary Intoxication.  This is a defense that the person was essentially drugged.  Unfortunately, this is more common than you might think.   If you suspect you have been drugged please obtain a blood test as soon as possible.  While Attorney Marc Lopez has won an involuntary intoxication jury trial without a blood test, it would be much easier if one was done.