Many of those arrested for drunk driving may feel hopeless, and almost as if there is no way to defend yourself against the charges you are facing. However, learning more about legal terminology can lead to a fuller understanding of possible arguments.
According to FindLaw, “driving under the influence” has two elements to its definition: the “driving” factor, and the “under the influence” factor. If you are physically inside the vehicle, but not operating it, you may be able to argue you were not technically operating the vehicle. Certain details matter greatly when dealing with drunk driving. For example, if you are sitting in the back of the car rather than the driver’s seat and the keys were far away from the ignition, it looks better for your case than if you were in the front seat with the keys in the ignition. Often, courts look at this evidence with scrutiny, so details matter.
In addition, whether you were “under the influence” is another source of contention. Field evidence includes tests the police officer does while physically present at the scene, the appearance of the driver, and testimony for your actions and behavior while pulled over. If you seem dazed and confused, you may appear intoxicated at the time of arrest even if you were not. But by looking at field evidence, it is possible can find a way to dispute some claims. Although tests such blood or urine samples are often more technical and sometimes harder to disprove, there could be a defense for your situation.
Dealing with drunk driving claims can be frustrating, but there is legal assistance that can help defend you.