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Sometimes, a traffic stop itself may affect sobriety test results

If you receive drunk driving charges, you may believe that the prosecution has an open and shut case, you should just accept the charges and hope for the best. However, this is rarely a good strategy when it comes to any kind of criminal charge, especially drunk driving. Although the techniques and technology used by police to determine the sobriety or inebriation of a suspect do increase in sophistication over time, they are not flawless. If you recently received drunk driving charges, you may have more options than you think.

For instance, you may have grounds to claim that the stop itself played a part in the results, casting your sobriety in an unfair light. If you can demonstrate that you began driving very recently after consuming some alcohol, you may have grounds to contend that you were not actually inebriated until well into the stop, and could have reasonably reached your destination safely if not for the stop itself.

This defense often rests on the concept of "rising blood alcohol concentration." In this scenario, a driver consumes alcohol and then attempts to drive somewhere safe before the alcohol has the opportunity to affect reflexes or judgement. After all, anyone who has ever gotten drunk can tell you that inebriation does not occur instantly upon drinking a beer or two. Then, the driver experiences a traffic stop that delays him or her from reaching the safe destination in a timely manner, giving the alcohol time to take affect. In this instance, a sobriety test is not administered for some time, so that the driver is actually more inebriated by the end of the stop than when it initiated.

It is never wise to drink and drive, but it is important to scrutinize any drunk driving charges to determine if they truly hold water, so to speak. If you recently received drink driving charges, an experienced attorney can help you determine if you have ways you can challenge the charges and protect your rights.

Source: Findlaw, "Defenses to Drunk Driving," accessed Nov. 17, 2017

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