While enjoying a few drinks during happy hour can be fun, it can quickly turn into a nightmare when you’re pulled over by the police on suspicion of drunk driving. And while being pulled over and questioned by the police can be embarrassing enough, any resulting criminal charges can threaten you with severe penalties that have the potential to disrupt nearly every part of your life. This can include incarceration, fines and a criminal record that can end your employment, make it hard to secure a new job and damage your reputation. You can’t let that happen to you.
But what’s the best way to protect yourself when you’ve been accused of drunk driving? Let’s look at some defenses that you might be able to utilize in your case so that you can choose those that are best positioned to protect you and your best interests.
Can you use these defenses when charged with DWI?
There are several ways to defend yourself against drunk driving charges. These include:
- Arguing that you were illegally stopped: The police can only pull you over if they have reasonable suspicion that you’ve committed a crime or an infraction. If they don’t, then any stop that they make is illegal, and any evidence that they subsequently gather will be tainted by that illegality. This means that you’ll likely be able to block that evidence from being used against you.
- Presenting evidence of a medical condition: There are several medical conditions that can mimic symptoms of intoxication. This includes diabetes and epilepsy. So, review your medical history to see if you have a documented pattern of exhibiting symptoms that could’ve been misconstrued as intoxication.
- Test administration errors: Breath and blood tests have to be carried out in a very specific way to ensure that the samples and the test results themselves aren’t compromised. If you can spot errors in equipment storage and calibration, test administration, evidence collection, evidence storage or testing, then you might be able to successfully draw the reliability of the test into question.
How can you avoid a happy hour-related DWI in the first place?
While there are other defense options available to you, the hope is that you’ll avoid a DWI charge to begin with. Here are some things to keep in mind as you enjoy happy hour and that’ll hopefully keep you safe and free of legal troubles:
- Avoid finishing your drink right before you leave.
- Avoid drinking something new that disallows you to accurately monitor your limit.
- Refrain from engaging in drinking games.
- Be sure you’re drinking plenty of water to stay hydrated.
- Secure a sober driver.
- Take your time finishing your drinks so that you don’t become intoxicated too quickly and are therefore better able to monitor your condition.
- Know your limit and stick to it.
Remember, you can have fun while keeping your alcohol consumption under control. By being aware and making good choices, you can avoid putting yourself in a position where you’re charged with a drunk driving offense.
Do you have questions about your drunk driving case?
If so, then now is the time to seek out the answers that you need. A competent legal professional can advise you of your defense options in light of the facts of your case, thereby allowing you to make fully informed decisions about your future. Hopefully then you can choose a path that allows you to escape conviction and the harsh penalties associated with it while also allowing you to get back to your normal life.