Drunk Driving is the act where in the driver drives the vehicle under the influence of alcohol or drugs. This is to such an extent that the person does not have any mental balance while driving the vehicle. It is illegal in the United States at all jurisdictions to drunk driving charges. This criminal offence is known as the driving under influence (DUI) in some of the states of United States whereas in some places it is also known as driving while intoxicated (DWI) or operating while impaired (OWI) and so on. These US laws also applies for pilot of the plane and also a person racing the boat. According to various studies conducted the National Safety Administration department more than 40 percent took place because of intoxicated driving.

What are most often raised defenses to drunken driving charges? Let us understand few of them. If you wish to get more information please fill the form. There are many common defenses.

Inadmissible test results

The defendant has all the chance to argue that the alcohol test shown in the blood is not correct and it cannot be taken as evidence since it is not administered properly. This could happen in case the device is not properly placed or the officer taking the test is not a professional. In some cases the police violate their own rules and regulations for e.g. they do not observe the suspect when they are caught or they may not call for the technical assistance in case the machine does not perform correctly. The defendant can even argue that certain medical conditions have led to the inflated results.

Defendant was not driving

This is the most common argument put by the defendant that the person himself was not driving the vehicle. The defendant proves that since he was drunk he changed seats and the other person was driving the vehicle. The prosecution has to prove that the defendant was driving the vehicle during the time of accident. This is a difficult defense to be raised because in most of the cases the defendant is often seen by the police behind the wheel of the vehicle and also the defendant would have admitted that earlier he was driving.

No Impairment while driving

The defendant presents a witness who proves that he had observed him sometime before and he was driving in a proper manner and there is no reason why the police should arrest him and take the alcohol test. At times it is possible to argue with this defense but the policemen often seek to have a convincing witness.

Related Posts
Top reasons that can severely affect your landlord business
There are mistakes that will definitely affect your landlord business and these are what you should avoid. 1.Tenant discrimination intentionally or unintentionally. This warrants a one-way ticket to a legal proceeding. ...
READ MORE
Things a tenant should know about rental agreement
Rents are usually due on the first day of the month. But generally, rent payment depends on the agreement you have made with the landlord. It may be specified in ...
READ MORE
Why should you buy investment property under your own name?
Because it is your investment, you can always choose where to name your investment property. If you so decide to put your property under your name, below are the advantages you ...
READ MORE
Bankruptcy filling without an attorney
Within the 2005 legal guidelines, customers have to choose credit score guidance before submitting a new individual bankruptcy request. Consumers are also subjected to an easy method check, to determine ...
READ MORE
Landlord tenant law
Landlord tenant law of a dwelling house or a residential building is governed by tenancy law which applies real estate property law and contracts in leasehold estates. If you are ...
READ MORE
Why to discuss your legal issue with multiple lawyers ?
Cases vary in issues, facts and remedies. Some of them are intertwined with other cases or an offshoot of one issue. Others file cases which are simply asking for clarification ...
READ MORE
Basics of Business Partnership
By definition, a partnership is a business with more than just one person or one owner running it. A partnership refers to businesses with owners who have not filed legalities ...
READ MORE
Reason to buy investment property under a real estate trust
If you want to be one of those who were wise to disguise their names as owners to their real estate investment, you can consider doing it so with a ...
READ MORE
Discuss major real estate laws in the U.S.
Real estate laws has a broad legal area coverage regulated by state law, federal law, and common law. This law includes land and any immovable structures attached to that land ...
READ MORE
Zoning laws – Avoid Zoning trouble
The primordial rule for business location is to never sign a lease for a business zone or space if you are not yet completely sure that you are legally allowed ...
READ MORE
Top reasons that can severely affect your landlord
Things a tenant should know about rental agreement
Why should you buy investment property under your
Bankruptcy filling without an attorney
Landlord tenant law
Why to discuss your legal issue with multiple
Basics of Business Partnership
Reason to buy investment property under a real
Discuss major real estate laws in the U.S.
Zoning laws – Avoid Zoning trouble