Joined: 24 May 2012
|Posted: Wed Mar 21, 2018 10:56 am Post subject: Defenses to Drunk Driving
|Common Drunk Driving Defenses
1. Improper Stop - This is one of the most common arguments used by defense attorneys in DUI cases, and involves the claim that the officer lacked probable cause to make the initial traffic stop.
2. Administration / Accuracy of Field Sobriety Test - An arrest may be ruled improper if it was based on an improperly administered field sobriety test or inaccurate results. The horizontal gaze nystagmus (HGN) test, which detects eye movements often associated with intoxication, is frequently challenged.
3. Administration / Accuracy of Portable Breathalyzer Test - The attorney may challenge the administration of the breathalyzer test used at the scene (i.e. was the officer properly trained?) or whether there were intervening factors such as vomiting or indigestion. Also, the defense may question whether the breath test device was properly calibrated and maintained.
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