Drunken driving defenses tend to focus on the inept abilities of the police during the time of the arrest, as well as any mistakes that technicians may have made when conducting chemical blood alcohol tests.
Drunken driving defenses try to prove that the tests given weren’t valid, either by human error or an error with a chemical test, or that there was a emergency valid reason for driving.
It’s important that all defendants realize that they should never resist taking a sobriety test.
There is an implied consent law that basically states that once you take possession of a vehicle, you consent to taking tests regarding your sobriety. If an officer suspects that you have been drinking and you refuse to take a sobriety test, this can work against you in a court of law.
When you meet with your attorney you will begin discussing strategies and different drunk driving defenses. If it has been proved that there was a significant amount of alcohol in your blood then your attorney may choose to use another defense, rather than attempting to disprove the test.
A legitimate defense would be if there were a absolute urgent need for you to drive while under the influence. It might be you were driving to prevent a life-threatening situation. It might be that you truly did not know you had reached a high alcohol level, and believed you were within the legal limit and capable of driving.
There are many defenses your attorney may choose to defend you against the charges.