DUI Defense Strategies That Work

Every parent sends their child off to college expecting them to obtain the education necessary to earn a job in the desired field. Some hope their children will experiment with drugs, alcohol, or some other questionable substance or behavior. Few, if any, expect their children to engage in an activity that could jeopardize their very position at the college or university, such as driving under the influence. Yet, DUIs among college students in Pennsylvania are not uncommon. If your child faces DUI charges and the consequences associated with a conviction, it would be in his or her best interest to work with an attorney who can help you build a strong defense.

According to FindLaw, there are a few defenses to drunk driving charges that actually work. The most common argument in a DUI case is an improper stop. This defense merely requires showing that the arresting officer lacked probable cause to stop your student. Examples of probable cause include swerving, running red lights or stop signs, failing to use brake lights, and erratic driving, to name a few.

It is also not uncommon for defense attorneys to challenge the accuracy of field sobriety or breathalyzer test results, or the administration of such tests. Was the breathalyzer calibrated correctly? Did the arresting officer follow proper protocol when conducting the field sobriety test? The answers to these questions (or lack thereof) can change the outcome of any DUI case.

In addition to challenging the results and/or administration of breath and field sobriety tests, the defense may challenge the administration of a blood test and/or the handling of the chain of custody. If your child’s lawyer can create the impression that the chain of custody was somehow tampered with or mishandled the blood test results, the court may have no choice but to drop the case.

Your child’s particular case may be one in which an affirmative defense applies. Affirmative defenses include necessity (your child had to drive under the influence to avoid “greater evil”); entrapment (an officer somehow encouraged your child to become intoxicated and then drive); duress (your child committed a DUI to avoid serious injury or death); involuntary intoxication (your child unwittingly ingested alcohol or drugs); and mistake of fact (your child honestly believed he or she was not intoxicated). The last defense may only work if your student is taking a prescription medication with side effects he or she was unaware of.

This article is strictly for your educational purposes. You should not use its contents as legal advice.