Facing impaired driving charges can be overwhelming, but understanding the defences available to you is crucial. A strong defence can significantly impact the outcome of your case, potentially leading to reduced charges or even a dismissal. It is essential to seek professional legal counsel to navigate these complex situations.
Burden of Proof
In any criminal case, the prosecution must prove guilt beyond a reasonable doubt. This high standard of proof is designed to protect individuals from wrongful convictions. Challenging the prosecution’s evidence is a key strategy in building a robust defence against impaired driving charges.
General Defences for Impaired Driving Offences
- Improper Stop or Arrest: This defence challenges the legality of the initial vehicle stop and arrest procedures. If your rights were violated during these processes, evidence obtained as a result might be deemed inadmissible.
- Faulty Breathalyzer or Drug Test: Breathalyzers and drug tests must adhere to strict calibration and administration guidelines. Proving that these procedures were flawed can lead to the exclusion of crucial evidence.
- Medical Conditions: Some medical conditions can mimic impairment symptoms. Demonstrating that such a condition, rather than substance use, was responsible for your symptoms can be a valid defence.
- No Impairment: The burden is on the prosecution to prove that you were impaired while driving. Presenting evidence such as witness testimony or video footage that contradicts this can undermine the prosecution’s case.
- Involuntary Intoxication: In cases where you were unaware of consuming intoxicants (e.g., spiked drinks), proving this can lead to an acquittal, as you lacked the necessary mens rea, or criminal intent.
Specific Defences for Related Offences
- Refusing a Breathalyzer or Drug Test: A reasonable excuse, such as a medical condition or language barrier, might justify refusal and lead to dropped charges.
- Driving Over .08: If the blood alcohol content test was not conducted promptly, it might not accurately reflect your BAC at the time of driving, which could weaken the prosecution’s case.
- Dangerous Driving: Demonstrating that your actions did not constitute a marked departure from normal driving behaviour, or were due to unforeseen circumstances, can help mitigate the charges.
- Failure to Stop at an Accident: If you were unaware of the accident, you cannot be held liable for failing to stop, as knowledge of the accident is a requisite element of the offence.
- Flight From a Peace Officer: Proving lack of awareness of the pursuit, or having a reasonable excuse for not stopping, can be effective defences.
Speak to an Impaired Driving Lawyer Today
A lawyer's expertise is crucial in building a strong defence. They can help gather and present evidence, challenge the prosecution’s case, and represent you in court. A lawyer can also negotiate plea bargains or reduced charges, potentially mitigating the impact of the charges on your life. Call (855) 585-1777 for a free consultation today.
