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 drive drunk. 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
Difference Between DUI and DWI?
Within the field of regulation, there's much concentration on DUI and DWI prosecutions. With the amazing data for both in Texas, it is incredibly essential to become informed on the ...
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
Defenses: Most often raised to drunk driving charges?
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 ...
READ MORE
Power of Attorney
Power of Attorney is a lawful document which grants you the legal right to appoint another individual to act on your behalf and manage your financial affairs, property or health ...
READ MORE
Buying or Selling real estate property
If you are not an expert in buying or selling a real estate property, you need the help of a sales agent to walk you through the entire process. You ...
READ MORE
How to Deal With Zoning Problems?
Right location is an important factor to running a successful business. A strategic location can give you the right customers and publicity. You may find the right location perfect for ...
READ MORE
Legal help in Short Sale or Deed in Lieu of Foreclosure
A short sale and a deed in Lieu of Foreclosure are the best options if you want to give your home up, but don’t want foreclosure. These options let you ...
READ MORE
Risks and Benefits of buying a foreclosed property
Buying foreclosure property may give you great discounts; however, there are various underlying risks to it too. Benefits Pre-foreclosure home owners want to sell their houses in a hurry to avoid foreclosure, ...
READ MORE
What are the Dos and Don’ts when you are not able to pay rent on time
You don’t have to worry about getting evicted if you can’t pay rent on time. You won’t, not right away at least. It’s inevitable to run short on funds. It’s ...
READ MORE
Pay taxes on time
When April 15 is round the corner, it becomes a really stressful time for the tax payers. Paying of tax is imperative for one and all. Hence there are also ...
READ MORE
Difference Between DUI and DWI?
Discuss major real estate laws in the U.S.
Defenses: Most often raised to drunk driving charges?
Power of Attorney
Buying or Selling real estate property
How to Deal With Zoning Problems?
Legal help in Short Sale or Deed in
Risks and Benefits of buying a foreclosed property
Not able to pay rent on time? Dos
Pay taxes on time