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Do defenses exist to claims of drunk driving?

| Nov 7, 2019 | Criminal Defense |

There is no denying that the holiday season is rapidly approaching. As Richmond residents pass out candy to trick-or-treaters on Halloween they may also be looking forward to the Thanksgiving holiday coming up only a matter of weeks later. Once December rolls around, celebrations will be plentiful as individuals celebrate a host of holidays through the New Year.

Celebrating often means eating and drinking with loved ones, and for some it can also mean consuming alcoholic beverages. Adults of legal drinking age should be allowed to enjoy the beverages of their choice during the holiday season but should know that law enforcement officials throughout the country will be on the lookout for drivers that they suspect are drunk. Holiday drunk driving charges happen each year and readers may be interested in understanding their options if these damaging claims are lodged against them.

Drivers may choose to confront deficiencies that occurred during their drunk driving arrest stops. They may claim that their breathalyzer machines were defective or uncalibrated, or they may claim that the individuals administering their assessments were inexperienced or did them wrong. Similar claims can be made when law enforcement officials botch field sobriety tests, when labs mix up blood samples, or when police officers make impermissible traffic stops.

Affirmative defenses may also support drivers’ claims to overcome drunk driving charges, but these defenses require individuals to admit that they had been drinking and driving. Before selecting a drunk driving defense plan a person can talk to a knowledgeable criminal defense attorney. This post may not be used as legal advice by its readers as it offers genera information only.