Charges related to drunk driving can have serious implications, with the potential for fines, jail time, and the possible loss of your driving privileges. Moreover, a conviction for a drunk driving charge could remain on your criminal record indefinitely, hurting your chances of finding future employment. Even if it is only your first offense, fighting a drunk driving charge can help you avoid or minimize these penalties.

An aggressive criminal defense lawyer can provide you with strong legal counsel and representation during your case. They can help you consider different strategies that may allow the charges to be reduced or even dismissed from court.

What Is Blood Alcohol Concentration?

Blood alcohol concentration, or BAC, is a measure of the alcohol in your system. In many drunk driving cases, BAC can serve as critical evidence. In most states, you can be charged with driving under the influence (DUI), driving while intoxicated (DWI), or a related offense if you were driving with a BAC of .08 percent or more.

You should also know that all 50 states have “implied consent” laws. Implied consent essentially means that you automatically give your permission to submit to chemical testing if you are arrested for drunk driving. If you refuse a chemical BAC test, this will typically result in the suspension of your license or other penalties.

Do I Have to Perform a Field Sobriety Test if Asked?

Field sobriety tests are used during traffic stops by law enforcement officers to gauge a driver’s level of impairment. There are three approved standardized field sobriety tests that police officers use across the country:

• Walk and Turn Test: The driver is asked to walk nine steps heel-to-toe in a straight line, turn around, and repeat the process.

• Horizontal Gaze Nystagmus Test: The driver is asked to track a small object held close to their face while the police officer watches for involuntary jerking of the eyes.
• One-Leg Stand Test: The driver is asked to stand with one foot off the ground and count out loud while the officer notes any struggles with balance or coordination.
  

The important thing to understand is that these tests are completely voluntary. You are allowed to decline to perform a field sobriety test. That being said, you could still be arrested after refusing a test.

Is Chemical Testing Always Accurate in Drunk Driving Cases?

Chemical BAC tests can be a deciding factor in a drunk driving case. However, these test results are not always 100 percent reliable. Many different factors can skew the results, such as:

• Improper calibration of testing devices
• Mishandling of the equipment by police officers
• Rising alcohol levels in blood that may artificially inflate the results
• Contamination of samples
  

An experienced drunk driving defense lawyer may be able to challenge the validity of a chemical test result in court, looking carefully at how the evidence was obtained and handled. If the court finds that the test results cannot be trusted, this could be a significant factor in your defense.

Do Police Need a Reason to Issue a Traffic Stop?

Law enforcement officers typically need reasonable suspicion to pull people over on suspicion of drunk driving. In other words, the police officer needs to believe that a crime is being committed or already has been committed before they can initiate a traffic stop. However, many states have sobriety checkpoints where police officers have the authority to stop drivers without reasonable suspicion. 

There are many factors that may provide reasonable suspicion. For example, a police officer could note that a person ignored a stop sign or made an illegal lane change, and they may pull the person over for these traffic violations. During the traffic stop, they may look for signs of intoxication, gathering information that will provide probable cause to perform an arrest for drunk driving.

If you were pulled over without reasonable suspicion, it is possible that the traffic stop itself could be deemed illegal. The evidence gathered during the traffic stop could be deemed inadmissible, or the entire case could be dismissed. A criminal defense attorney can help determine whether it may be possible to challenge the validity of a traffic stop.

Can Witness Testimony Help Me Fight a Drunk Driving Charge?

If you believe that you were falsely accused of drunk driving, you may feel as though you are at a disadvantage when it is the police officer’s word against yours. In some cases, witness testimony may be available to help you show that you did not commit the offense in question. For example, witnesses may confirm your statements that you were not the one driving at the time of your arrest or that you did not have anything to drink before getting in your vehicle. 

During your case, your defense attorney may call witnesses who can lend credibility to your account. Your attorney may also review the testimony of the police officer who arrested you, looking for any inconsistencies in the officer’s version of events.

What if I Was Not Actually Drunk During a Traffic Stop?

Sometimes, people end up wrongly accused of drunk driving due to factors that were beyond their control. For example, a police officer may arrest someone for drunk driving because of poor performance on a field sobriety test. However, field sobriety tests can be “failed” by sober drivers who make mistakes under pressure. Bad weather conditions can also make field sobriety tests more difficult, especially if the road is slick or visibility is poor.

Certain medical conditions can be mistaken for drunkenness by police officers. A stutter or slurred speech could be interpreted as a sign of intoxication, leading to the driver’s arrest. A drunk driving defense lawyer can evaluate the circumstances of a traffic stop and arrest to determine what steps may be taken to demonstrate that you were not driving drunk.

Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Each drunk driving case is unique, and legal outcomes may vary based on individual circumstances. For personalized legal guidance, it is important to consult with a qualified criminal defense attorney.