A motorist in Georgia who is facing a drunk driving charge has certain defense options at their disposal. A common approach to defending against such charges is to question the evidence or the actions of the arresting officer. There are also “affirmative” defenses, referring to instances where there was a valid reason for driving while under the influence of alcohol.
Affirmative drunk driving defenses could include an assertion that driving while intoxicated was necessary due to unique circumstances or that a driver was forced to drive drunk under duress. A charged driver may also claim that the arresting officer encouraged a motorist to become intoxicated. With a mistake of fact, a driver makes a case for honestly not realizing they were impaired. An involuntary intoxication defense means a driver was unknowingly given alcohol, like what might happen if drinks were spiked at a party.
Alleging that the arresting officer didn’t have a valid reason to stop the accused individual’s vehicle in the first place is a common DUI/DWI defense as is questioning the accuracy of field sobriety testing. An attorney may also raise doubts about a breath test given at the scene by questioning if the device was properly calibrated and maintained or if the test was properly administered. The same defense argument may be made about a breath test given at the police station. The defense may also question the chain of custody with blood tests or allege that the defendant’s BAC was temporarily higher because of the alcohol absorption process.
In addition to the defenses discussed above, a DUI defense attorney may look for unusual circumstances that apply. For instance, the arrested individual may have purposely swapped IDs with a passenger. The actions of the arresting officer might also be questioned, especially if it’s suspected that details in the DUI report may not be accurate.
