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What should I consider when working on a drunk driving defense?

Your drunk driving defense is the backbone of your plan for the future. The outcome of your case is something that can impact your entire future. As you are planning your defense, you have a few different options about how you can handle the defense.

The defense that you choose has to be based in fact. It has to answer the important points that the prosecution plans to raise against you. Consider these questions when you are developing a defense:

Were my rights violated?

If any of your rights were violated during the traffic stop or subsequent events, you might be able to raise those points as part of your defense. For example, if you were arrested and never informed of your Miranda warning rights, you might be able to use that information.

Are there any points of evidence I can question?

The evidence, such as the blood alcohol concentration results are important in these cases. You should determine if the evidence was collected, handled and processed in accordance with applicable regulations and laws. If there are any discrepancies, you might be able to use that information in your defense plan.

Why was I behind the wheel?

If you know that you were driving drunk, your defense might come down to the reason you were behind the wheel. If you were coerced by police officers or had an emergency, you might be able to address those points as part of your defense.

Ultimately, you have to find the personalized defense strategy that works for your case. This might not be easy, so start working as soon as you find out you are facing drunk driving charges.

Source: FindLaw, "Defenses to Drunk Driving," accessed April 14, 2017

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