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Michael A. Gottlieb, P.A.
“Out of the Box” Defense Strategy
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How can I defend myself against drunk driving charges?

There are some defenses to drunk driving you can use if you're being accused of being under the influence. Any time you're stopped, the first thing you want to do is talk to your attorney and make sure you don't say anything that can be used against you.

If you are intoxicated at the time, you may want to use an affirmative defense. What is an affirmative defense? It's one where you agree that you are, in fact, intoxicated, but that you had to get behind the wheel for the greater good. What kinds of situations would be acceptable for this? Perhaps you had to drive to take someone to the emergency room because an ambulance never came, or you were threatened by force if you decided not to drive. You may also mistakenly believe you aren't intoxicated and drive; this can be possible if you're taking a new medication or were not drunk when you left a location and had the alcohol hit you later.

If you aren't intoxicated or don't believe the tests were carried out correctly, you can use a few different defenses for that. Improper stops are common arguments; your arresting officer must have probable cause to stop you. If you weren't doing anything wrong, then there was no reason for the stop.

The inappropriate or inaccurate administration of a field sobriety test or breath test can also be a good defense. If the evidence isn't accurate or wasn't taken within the right time frame, you may be able to have the case against you dropped.

Source: FindLaw, "Defenses to Drunk Driving," accessed May 06, 2016

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