Ellis Law Firm
Family Law and Criminal Defense
Call Today 228-447-4118

6 defenses against drunk driving allegations

Your drunk driving charges may have happened in a lot of different ways. Imagine, for example, you were pulled off to the side of the road because you knew you were too drunk to drive, and while you were sleeping it off, an officer comes to knock on your window. That circumstance is a lot different from a driver who was so intoxicated that he or she was driving the wrong way down the Interstate.

Alternatively, maybe you hadn't drunk a drop of alcohol the entire night, but for some reason, a police officer became convinced you were drunk when in fact you were not. These kinds of things happen, and that's why every Mississippi driver is entitled to a criminal defense.

Possible defenses against drunk driving charges

Your choice of defenses against your drunk driving allegations may involve any one of the following strategies, just one of them -- or it could involve another defense strategy entirely.

Here are some of the possible defenses your DUI defense attorney might employ:

-- Defense of improper stop: An officer must have sufficient cause to pull you over in the first place. If an officer finds you are inebriated, but he didn't have "cause" to make the stop, your charges could be thrown out.

-- Field sobriety test issues: Your officer may not have followed proper procedure when administering your field sobriety test.

-- Breathalyzer test issues: Your officer may have improperly administered your field sobriety test, or there might be problems with the maintenance of the device, or the officer's training to use the Breathalyzer.

-- Blood test issues: Blood test results can be some of the most certain determiners of blood alcohol content levels. That is, did the officer correctly perform the blood test and handle the sample the right way?

-- Rising blood alcohol level: As more alcohol enters a driver's bloodstream, he or she could have a rising blood alcohol concentration. As such, it's possible that while you were driving you were sober enough to operate a vehicle, but while you waited for your alcohol test and sobriety test during your traffic stop, your state of inebriation and BAC continued to rise.

Get help with your DUI defense from a criminal law attorney

A Mississippi criminal law attorney can help you formulate appropriate defenses against your DUI charges. Your lawyer will evaluate the circumstances of your arrest and devise a legal strategy to try and get your charges dropped and/or reduce the threat and severity of criminal punishments associated with your charges.

No Comments

Leave a comment
Comment Information