The Legal Consequences Of Drunk Driving: Defence Tactics And Tips

Drunk driving constitutes a grave criminal offense punishable by severe legal sanctions. If you are facing a DUI charge or someone that you know faces one, knowing the potential repercussions as well as available defense tactics will be crucial. The outcome of a DUI case can be significantly improved by consulting an attorney with a good reputation, such as the attorneys at This article will provide information on the legal consequences associated with drunk driving. We’ll also offer tips and strategies to help you through this difficult situation.

Drunk Driving And Its Legal Consequences

DUI punishments vary based on a number of factors, including the driver’s BAC (blood alcohol concentration), any prior DUI offenses committed by the driver, and the severity of the accident. Common legal penalties include:

  1. Time In Jail: Incarceration could be a result of repeat offenders, cases involving high blood alcohol concentrations, or accidents that cause injury or even death.
  2. Probation: The court can order probation, which requires the offender to follow certain conditions. Examples include attending alcohol educational programs, performing service in the community, or reporting to a supervisor regularly.
  3. Installation Of Ignition-Interlock Device: The IID is designed to prevent the vehicle’s ignition if the device detects alcohol on a driver’s breath.
  4. Increased Insurance Premiums: Insurers view DUI-convicted drivers as high risk.
  5. Permanent Criminal Record: A DUI conviction can impact employment opportunities, professional licensures, and your personal reputation.

Defense Techniques For Drunken Driving Charges

It is essential that you have a solid understanding of how the legal process works and use effective defense techniques to defend yourself successfully against DUI charges. Here are common defense techniques:

  1. Challenging Traffic Stop: Police must have a valid cause for stopping you. Examples include erratic and reckless driving or a violation of traffic laws. If the stop occurred without probable reason, the evidence obtained during the arrest may not be admissible in court.
  2. How to Question Field Sobriety Examinations: Field sobriety examinations (FSTs), which are subjective in nature, can be affected, for example, by the driver’s medical conditions, fatigue, and weather. FSTs that are inaccurate or administered incorrectly can undermine the prosecution’s case.
  3. Disputing the Breathalyzer’s Results: The Breathalyzer is not infallible. It can produce inaccurate test results due to calibration issues, maintenance issues, and interference from certain substances. An experienced attorney could challenge the reliability of a breathalyzer and its results.
  4. Examining Test Procedures: In case a blood test is administered, it is vital to review the method used for collection, storage, and analysis. Any deviation from protocol could result in contamination or even incorrect results. Such deviations can be grounds for dismissal.
  5. Arguing Risen BAC: This concept refers to an increase in BAC between when a person was driving and at the time of administering the test. This defense says that although the driver was within the legal limits while driving, he or she exceeded them by the time an alcohol test was performed.
  6. The Testimony Of A Witness: Eyewitnesses, experts, or other witnesses can offer testimony that supports or contradicts the evidence of the prosecution. For example, witnesses could testify to the defendant’s sobriety or contest the accuracy testing methods.
  7. The Plea Bargaining: Sometimes, negotiating with the prosecutor can result in reduced penalties or charges. This may be the best option when the evidence against the accused is very strong and full acquittal appears unlikely.

Tips For Defending Against A DUI Accusation

  1. Hire An Experienced Attorney: An experienced DUI lawyer, like those from Nicewicz Law, is able to offer valuable advice and representation. 
  2. Documentation: Keep detailed documents of everything that happened before, during, and even after your arrest. This includes your interactions with police, the administration, the results of any tests, and even your own behavior.
  3. Adhere To Legal Advice: Do not talk about your case to others. You may be held accountable in court for your social media or public comments.
  4. Attend Court Dates: Missing court dates may result in additional punishments and complicate defense. Attend every scheduled hearing and obey court orders.


DUI convictions may have severe consequences on your life. You can protect yourself and your future by using the right defense techniques and expert legal support from a law firm like Nicewicz Law. If you are charged with drunk driving, it is important to take the necessary steps to protect yourself. Professional legal advice can help you to successfully navigate this difficult situation.