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Bucher Law Group, LLC

4 things you should know about drunk driving charges

 Posted on May 01, 2017 in DUI/OWI

The reality you face when you are arrested for drunk driving is often a wake up call. There are several things that you need to think about if you have to answer to a drunk driving charge.

Typically, everything that happens from the reason for the traffic stop through the remainder of the legal process might impact your defense options. Make sure you think about all of these points and consider them carefully when you are facing a drunk driving charge.

#1: The officer needs a reason to pull you over

A police officer can't just pull you over because he or she feels like it. The officer must have a reason to pull you over. In the case of a traffic stop or a stop for the suspicion of drunk driving, this is known as reasonable suspicion. A police officer might be able to justify a stop if there is another reason to pull you over, such as a burnt out taillight. Other reasons that fall under reasonable suspicion might include swerving, speeding, stopping abruptly and running a stop sign or drifting into another lane.

#2: You can refuse a breath test (but there are consequences)

If you are asked to take a breath test, you can refuse, but there are consequences to doing this. You will likely face a driver's license suspension just for refusing to take the breath test. This is because when you got your driver's license, you agreed to the implied consent condition, which means that you provided your agreement for blood-alcohol concentration testing when the state provided you with a driver's license.

#3: Defense strategies are possible

There are many defense strategies possible in a drunk driving case. You have to look at the circumstances of your case to determine what possibilities exist. One example would be calling the validity of the BAC test into question. This could be due to improper calibration of the equipment, incorrect testing of the sample or improper handling of the sample during a point in the chain of custody.

#4: You might face a civil lawsuit

If you are involved in an accident, you might face a civil lawsuit. This could mean that you are going to have to come out of pocket if the case is resolved in the victim's favor. You could also face more criminal charges based on the accident and the effects of the accident. For example, you might face a manslaughter charge if the accident results in a death.

Source: Nov. 30, -0001

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