Drunk Driving Defenses

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What is Drunk Driving?

Drunk driving is also known as driving under the influence (DUI) or driving while intoxicated (DWI).  In most states, a person’s blood alcohol concentration (BAC) needs to be over a certain limit before they can be charged with drunk driving.  In most cases, the BAC limit is 0.08%.  Many states have “zero tolerance” laws for minors (under 18 years old), meaning that they can’t have any alcohol in their system while driving.

Penalties for drunk driving can depend on many factors.  For example, the court will consider whether it is a repeat DUI offense or whether any persons were seriously injured as a result of the defendant’s drunk driving.  For most first time DUI offenses, penalties may include criminal fines, possible time in jail, and temporary suspension of driving privileges (though this may vary by state).

What are Some Common Drunk Driving Defenses?

Depending on the individual circumstances of each case, the defendant may have a number of drunk driving defenses that they can argue.  Some of these include:

In some cases, when arguing for a drunk driving defense, it may become necessary to hire an expert witness who can provide their professional input on the matter.  Also, it’s usually necessary to work with a qualified DUI lawyer when appearing in court.  Drunk driving defenses can have many legal effects, such as obtaining a reduced sentence, having the charges dropped, or having a felony DUI charge reduced to a misdemeanor.

Do I Need a Lawyer for Assistance With Drunk Driving Defenses?

Claiming a drunk driving defense requires knowledge of both DUI laws and blood alcohol concentration requirements.  It’s in your best interest to hire a qualified DUI lawyer if you need assistance with drunk driving charges.  DUI laws can vary by state, and some defenses may not be available in different jurisdictions.  Working with an experienced defense lawyer can help you obtain a favorable judgment during court hearings. 

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Last Modified: 07-29-2013 10:17 AM PDT

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