Identifying Possibilities With A Drunk Driving Defense Attorney

by | Mar 2, 2017 | Criminal Lawyer

In Kansas, drivers who are caught driving while under the influence are charged with a DUI offense. These offenses incur serious penalties including fines, imprisonment, and driver’s license suspensions. To avoid a conviction, defense attorneys identify the reasoning behind the driver’s actions or other circumstances that play a role in the case. The following are possibilities that a Drunk Driving Defense Attorney can identify for these drivers.

Inaccurate Test Results

At any time that a driver is arrested for a DUI, they have the right to request an additional blood sample. This sample is given to their attorney who can choose any lab they prefer to conduct testing. If at any time, the blood samples don’t match or show the same level of alcohol in the system, the case can be dismissed.

Mistake of Fact

A mistake of fact indicates that the officers arrested the driver on suspicion of a DUI when another condition was present. Drivers who are diabetic could exhibit similar behavior patterns as a drunk driver. When the blood-glucose levels are excessively high, the individual can appear intoxicated. Their speech is slurred. They are disoriented and may become defensive. These conditions also present the same attributes of a drunk driver.

Driving Due to a Threat

If the driver was escaping a threat, they could use this as a defense for why they chose to drive while intoxicated. The driver must provide information about a possible attacker and their previous location. Any witnesses that saw the possible attack can provide testimony for the driver to have the case dismissed.

Faulty Testing Equipment

Breathalyzer tests must be tested at regular intervals. These tests define whether or not they are in proper operating order. If they aren’t, the device won’t present accurate results. This could lead to a dismissal of the charges.

In Kansas, drivers charged with a DUI have the opportunity to acquire a defense for these allegations. The circumstances of the arrest could present this defense. This could include faulty devices, inaccurate test results, or an attempt to escape an attacker. Drivers who are charged with these offenses contact a Drunk Driving Defense Attorney attoday.

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