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Technical Criminal Defenses for Drunk Driving

Posted by on Aug 17, 2014 in Criminal Law | 3 comments

The law in general is difficult for a layperson (and some lawyers for that matter) to understand, and these include drunk driving laws. There are many, many technical issues that may come up even in the most unambiguous drunk driving charge in any state, something that any self-respecting Wisconsin criminal defense lawyer or Cape Cod drunk driving lawyer will explore for the benefit of their client.

Technical criminal defenses for drunk driving typically center on the field sobriety tests and blood alcohol content (BAC) results because these are usually the linchpin around which a prosecutor will base their case. Depending on the state, there are certain criteria that must be met in order to qualify a test or BAC result for submission to the court. These can include certification of the tester or machine, calibration of the machine, the solutions, replacement of the mouthpiece, and whatever else that can possibly affect the results in any way.

Many lawyers overlook these details, but these can most likely get a drunk driving charge mitigated or even dismissed, especially for defendants who have clean criminal records. Experienced and successful criminal defense lawyers, however, go over these procedures with a fine-toothed comb, especially when the odds are stacked against the client.

The main value of using technical criminal defenses in drunk driving is to introduce reasonable doubt during a trial. The science behind breath tests is far from infallible which is why procedures have to be strictly followed, and criminal defense lawyers know this. If they can prove that there were irregularities in the performance of the tests, they can argue that the results are inaccurate. Once this is introduced into the proceedings, it poses doubt in the mind of a reasonable individual regarding the validity of the charges.

3 Comments

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  1. The Mineral Auction

    Do you have a facebook where I can see more posts like this?

  2. Crowe & Mulvey, LLP

    Law is always so puzzling to me, thanks for making sense of it.

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