ARE THERE ANY DEFENSES IN A DRUNK DRIVING CASE?
Yes. There are several potential defenses that can be raised in a drunk driving case. Generally, most of the defenses fall into one of the following categories: • Lack of probable cause. Illegally obtained evidence can be suppressed if the police officer did not have probable cause to stop, detain, seize or arrest. • Lack of driving. Intoxication is not sufficient. The Prosecuting Attorney on must also prove that the defendant was driving. This can be difficult if, as in the case of accidents, there are no witnesses who saw anyone driving the vehicle. • Lack of implied consent warnings. If the police officer fails to advise the driver of the consequences of refusing to take a chemical test or gives the warnings incorrectly, the test results may not be admissible at trial. Also if the police officer failed or faulty advised the driver of the consequences of a “refusal”, then the driver’s license may not be suspended. • Refusal of police officer to allow driver a reasonable opportunity t
