Many people would automatically assume that if you are accused of a drunk driving charge, whether you are truly guilty or not, you’re gonna be in a lot of trouble. The consequences are so severe and the implication of the charge so strong that the accused individual has little they can do to actually help themselves. But this perception is purely a myth. There are plenty of ways that an accused individual can defend himself or herself against a DUI charge.
First and foremost, the actions of the police officers involved are critical to any defense. Did the police officer have probable cause when he or she pulled you over? Did the officer respect your rights and tell them to you? What about after they collected evidence from you, such as a breath or urine test? Was the chain of custody on that evidence proper and secure?
The answers to those questions can go a long way in helping you defend yourself. Additionally, the devices used to test your breath, urine or blood could become a question. Were they properly calibrated and accurate? Were they properly used by a technician?
Last but not least, there are “affirmative” defenses that can help the accused. These are situations such as driving drunk in an emergency (to save someone who is suffering a medical emergency, for example), driving drunk under threat of force by another person, or driving drunk unknowingly (having your drink spiked without your knowledge).
Source: FindLaw, “Defenses to Drunk Driving,” Accessed Dec. 14, 2017