How to Fight Against False Allegations of Drunk Driving by Using Defense Strategies

We see many hoardings on either side of the main road that says don’t drink and drive. Most of us follow this rule, but youngsters these days don’t seem to take it seriously. Violating rules for them is a cool thing to do. They take the law very lightly as they feel that they can escape by simply paying the penalty.

There are many accident cases that we come across every day because of drunk driving. Either the guilty is penalized if the accident is minor or is put into jail when it is major.  If you are charged many times in a year then there might be a possibility that you might be sentenced for imprisonment and license can be suspended permanently. In both cases, the impact isn’t good because going to jail means you lose your employment and as a result face financial loss.

Highway patrol, sheriffs and officers are always looking for people who’re violating the rules. Since laws for drunken driving is tough, anyone caught violating this act is severely punished and fined. If you or your family or friends come across such problem, the first and foremost thing is to hire a defense attorney, who can defend the driver who is accused of DUI or DWI.

Gary Ostrow, who is a knowledgeable criminal lawyer in Ft. Lauderdale has tried around 500 cases. He mentions some of the reasons which can help in defending DUI charges are as follows –

  • When the driver can provide evidence that they were avoiding a crime that could have been harmful. For example, protecting from molestation or robbery.
  • When the defendant is forced to drive either by threatening or force.
  • When the victim is trapped by an officer and is encouraged to drive even after drinking or forced to drink.
  • When the person is not intoxicated, but it’s the medicines that made him or her dizzy. In this case, they will have to show their medical prescription.
  • When the person has no idea whether he or she is drunk, for example, during a party they consumed an alcoholic drink without their knowledge.

In all such scenarios, the victim should have evidence to prove his or her innocence. Failure of which can lead to serious repercussions.

Some most common defenses which almost all the lawyers used during their practice are –

  • The U.S Constitution says that the police cannot stop you if you’re not doing anything suspicious. If you’re driving in your speed limit, following traffic rules, and not swerving then they cannot charge you and stop the traffic.
  • The accuracy of Field Sobriety and HGN tests are always challenged because generally these tests are inaccurate.
  • Defense lawyers often challenge the breathalyzer test, which should be taken by a trained officer. Mostly, it is questioned whether the machine was properly maintained and calibrated.
  • After police custody they can doubt if the blood sample was mishandled.

Although violation of rules and regulations should not be entertained at any cost, but listening to the victim, if the lawyer doesn’t find him or her guilty then they can always give suggestions and show the right path to fight for them.

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