When it comes to drunk driving, the standard presumption of innocence for those accused of crimes seems to go right out the window.
Due to the popularity of chemical breath testing, quite a few people believe that it is actually impossible to defend against an impaired driving charge if the state has chemical evidence and the testimony of a police officer to back it up.
However, quite a few people do successfully fight back against pending impaired driving charges. What are some of the more common strategies that help people avoid an impaired driving conviction?
Some people establish an alternative explanation
Do you have diabetes, auto-brewery syndrome or other medical conditions that might have impacted your interaction with law enforcement officers? Being able to construct a realistic explanation for certain behaviors or a failed breath test can be enough to help someone avoid conviction by implying a substantial mistake of fact on the part of officers or prosecutors.
Others challenge the testing system
Although many people still think of chemical breath testing as infallible, research shows otherwise. Chemical breath tests can register false positives for all sorts of reasons. Additionally, there are risks associated with improper calibration or lack of necessary software updates.
These are just two of the more common ways that people fight back against impending drunk driving charges. Other options might include showing that you never drove the vehicle, demonstrating that you drove or drank under duress or challenging the validity of the traffic stopped in the first place.
Discussing the situation that led to your arrest and reviewing the evidence against you can help you make better decisions about your defense strategy.