The Law Offices of Palumbo & Renaud
Phone: 908-316-8671

What are common drunk driving defenses?

There's so many ways that a false drunk driving charge can happen. In fact, criminal law judges are fully aware that police can make mistakes when arresting and accusing a driver of being intoxicated behind the wheel. For this reason, every driver accused of DUI will have the opportunity to defend him or herself against the allegations.

The defense strategy that the driver and his or her lawyer chooses will depend upon the facts and circumstances surrounding the arrest. However, here are three common ways that a driver might be able to improve his or her situation in court. Each of them points the inaccuracy of blood alcohol tests:

Accuracy of the Breathalyzer test

Breathalyzer devices need to be calibrated and maintained in a certain way in order for them to give accurate results. They also have to be used in the right way in order to show an accurate reading. If a defendant can reveal problems with the Breathalyzer test that would render the results inaccurate, the defendant might be able to get his or her charges dropped or dismissed.

Accuracy of blood tests

Once a blood test is taken, the sample needs to be tested by a laboratory. In between the moment the sample was taken and it gets tested, a lot of things can happen - such as mishandling that renders the test invalid. A defendant might be able to reveal these kinds of issues that would invalidate the blood test results.

Rising blood alcohol concentration (BAC)

As the alcohol in a driver's stomach continues to be absorbed, he or she could become more intoxicated as time goes by. In this respect, if police wait too long before administering a blood or breath test, the results might inaccurately show the driver to be more drunk than he or she actually was.

These are just several common ways that DUI attorneys defend against drunk driving charges. Other defenses could apply to your case more effectively depending on the unique facts related to your arrest.

Source: Findlaw, "Defenses to drunk driving," accessed Feb. 16, 2018

No Comments

Leave a comment
Comment Information

Learn How I Can Help You

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Cranford Office
190 North Avenue East Suite 1
Cranford, NJ 07016

Toll Free: 866-664-8118
Phone: 908-316-8671
Cranford Law Office Map

Elizabeth Office
740 Newark Avenue
Elizabeth, NJ 07208

Toll Free: 866-664-8118
Phone: 908-316-8671
Elizabeth Law Office Map

Brielle Office
503 Union Avenue
Brielle, NJ 08730

Toll Free: 866-664-8118
Phone: 908-316-8671
Map & Directions

Phone: 908-316-8671 Fax: 908-272-9029
What are common drunk driving defenses? | The Law Offices of Palumbo & Renaud