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Frederick R. Remer
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Potential defenses to drunk driving charges in Alameda County

Everyone can agree, laws made in the name of public safety and well-being are probably the most obvious laws in creation. However, it doesn't make it any easier when a person is alleged to have broken those laws. Being accused of drunk driving can bring some serious penalties if convicted. The penalties imposed for a DUI conviction are definitely more severe than in decade's past.

Of course, if one is accused of DUI and not convicted, it's a crisis averted. Some affirmative defenses to drunk driving include involuntary intoxication, entrapment, and necessity, among others. These defenses sound like what they are. One has ingested alcohol without their knowledge, one was 'entrapped' into drinking and driving, and one had to drive to prevent a greater evil.

There are also defenses to drunk driving that include the legalities behind the stop itself. This includes an improper stop and poor administration of a breathalyzer or field sobriety test. An individual who is accused of drunk driving may also contend that rising blood alcohol concentration peaked at the moment of the stop, not while the person was actually operating the vehicle.

There are other less common defenses to drunk driving as well. Whatever your situation, it's possible that your defense could include one of the common defenses above, or something more peculiar. Either way, whatever your criminal defense is to drunk driving, it should be a criminal defense that is tailored to you. Thoroughly examining the event and the circumstances surrounding the incident with a critical legal eye can help to make that more clear. Only then can an aggressive criminal defense be mounted in hopes of avoiding the harsh penalties that often accompany a DUI conviction.

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