3 common defenses to drunk driving

| Jan 13, 2021 | DUI |

If you consumed alcohol before driving a vehicle, you could face charges for drinking and driving. This crime comes with severe penalties, like the requirement to spend time in jail or loss of driving privileges.

For example, according to the Mississippi Department of Public Safety, if you receive a conviction for drinking and driving for the first time, you will undergo a mandatory license suspension for 120 days. Before you face consequences like this, there are several common defenses to the drunk driving charges you face that can help you limit or mitigate the penalties.

1. Failure to follow protocol for the sobriety test

Law enforcement officials must follow certain protocols when administering a sobriety test. If the law enforcement official conducting the DUI arrest did not adhere to these guidelines, your DUI charge may not hold up in court.

2. Improper stop

Law enforcement officials must have reasonable suspicion of drunk driving before pulling anyone over. If you were obeying the speed limit, yielding to other vehicles and following the rules of the road, the official arresting you may not have had a reason to pull you over.

3. Medical conditions

Certain medical conditions can create the appearance of drunk driving or skew the results of a breath test. For example, neurological problems and fatigue can result in slurred speech, sinus issues or watery eyes, all of which can resemble the appearance of driving under the influence.

The defenses you choose to use after you get arrested for DUI depend on your situation. Others you may want to use can include improper interrogation, Miranda violations or improper storage of blood samples.