Drunk driving is a serious offense in all 50 states, and it can become even more severe when an accident occurs. If you get into an accident while driving drunk, you may face hefty fines, probation, a revoked license, or even time behind bars. These repercussions can be scary, particularly the threat of jail or prison. Fortunately, a drunk driving accident attorney can help you come up with a strong defense. Here are four defenses that your drunk driving accident lawyer might use.
1. Improper Police Procedure
When an officer pulls you over for any reason, including drunk driving, there are specific guidelines they must follow. Your drunk driving accident attorney may argue that the officer who arrested you did not follow proper procedures, such as failing to read you your Miranda rights or conducting an illegal search of your vehicle. You may also have a strong case if the officer used an inaccurate breathalyzer or any other faulty equipment.
2. Lack of Evidence
In order to convict you, the court must prove beyond a reasonable doubt that your blood alcohol content, often called BAC, was above the legal limit at the time of your arrest. Your drunk driving accident lawyer may argue that there is not enough evidence to prove this. If there were no witnesses to the accident or if any key evidence is missing, you may have a solid defense.
3. Medical Condition
Sometimes, medical conditions can lead to inaccurate BAC results. For instance, stomach acid reflux can give off a smell similar to alcohol and may be detectable during a breathalyzer test. If you have a digestive disorder or another health issue that could affect the accuracy of your test results, your drunk driving accident attorney may be able to use this as an argument in court.
4. Misinterpretation by Police
If you were not actually driving but were simply sitting in the vehicle at the time of the incident, this can be used as a defense. Your drunk driving accident lawyer may also point out that police misinterpreted your behavior, such as if you had slurred speech or smelled of alcohol. You should be aware, however, that this defense is only valid if you were not actually driving.
These are just a few of the defenses that your drunk driving accident attorney might use in court. No matter the circumstances, make sure you consult a qualified drunk driving accident lawyer if you are facing jail time. With the right legal counsel, you may be able to get your charges reduced or even dropped completely.
For more info, contact a local drunk driving accident lawyer.