Hayes, Williams, Turner & Daughtry, P.A.

How can I create a good defense against drunk driving charges?

Like many other states, North Carolina takes a severe approach to drunk driving. The consequences of a drunk driving conviction can be quite harsh, even for first time offenders. Common penalties include expensive fines, jail time and license revocation or suspension.

You have the right to a good defense if you are facing drunk driving charges. Although it can be difficult in some cases, it is not impossible to come out of the ordeal relatively unscathed. The problem many defendants face is not knowing what kind of a defense to develop or how to put a defense strategy into place. This is where a defense attorney can help.

Lawyers who are experienced in defending those accused of drunk driving know how to investigate the case and choose an appropriate defense. Some common examples of successful drunk driving defenses include the following:

  • Improper stop: Like other citizens, police officials must comply with the law. This means he or she must have probable cause to make a traffic stop on suspicion of DUI.

  • Improper sobriety tests: This defense can include field tests and lab tests. Some of the arguments include inaccurate Breathalyzers, faulty test administration and mishandling of sobriety tests.

  • Rising alcohol concentration: In some cases, a good lawyer may successfully argue that the defendant's blood alcohol concentration (BAC) rose to illegal limits after the defendant was stopped but before the test administration.

The three examples discussed here are a good place to start when seeking a defense. However, it will be a great benefit to your case to explore all of your defense options before you appear before a DUI court.

Source: FindLaw, "Defenses to Drunk Driving," accessed Aug. 9, 2017

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