Table of contents:
Defining Impaired Driving
Impaired driving is a serious offense that involves operating a vehicle while under the influence of alcohol, drugs, or other substances that impair a person’s ability to drive safely.
The legal definition of impaired driving varies from state to state, but generally, it is defined as having a blood alcohol concentration (BAC) of 0.08% or higher. In some states, a driver can also be charged with impaired driving if they are under the influence of drugs, even if their BAC is below 0.08%.
Types of Impairment
There are three main types of impairment that can affect a person’s ability to drive safely:
- Alcohol impairment: Alcohol is a depressant that can slow down a person’s reaction time, impair their judgment, and reduce their coordination.
- Drug impairment: Drugs can have a variety of effects on a person’s ability to drive, depending on the type of drug and the amount that is consumed.
- Fatigue impairment: Fatigue can make a person more likely to make mistakes, have slower reaction times, and fall asleep at the wheel.
Prevalence of Impaired Driving
Impaired driving is a major problem in the United States. In 2020, there were over 13,000 traffic fatalities involving a drunk driver.
Defenses for Impaired Driving
When facing impaired driving charges, individuals may employ various defenses to challenge the prosecution’s case. These defenses aim to establish reasonable doubt regarding the driver’s level of impairment or the validity of the evidence presented against them.
Challenging the BAC Test
Defendants may contest the accuracy of the Breathalyzer or blood test results used to determine their BAC. They can argue that the device was malfunctioning, the sample was contaminated, or the test was administered incorrectly. Expert witnesses can provide technical evidence to support these claims.
Proving Lack of Impairment
Even if a BAC test shows a reading above the legal limit, defendants may argue that they were not actually impaired at the time of driving. They can present evidence of their physical and mental state, such as their ability to walk, talk, and perform other tasks. Witnesses can also testify to the defendant’s behavior and demeanor.
Expert Witnesses
Expert witnesses play a crucial role in impaired driving defense cases. They can provide scientific testimony regarding the reliability of BAC tests, the effects of alcohol on the body, and the defendant’s level of impairment. Their expertise can help the jury understand complex technical issues and assess the credibility of the prosecution’s evidence.
Selecting an Impaired Driving Lawyer
Selecting an experienced and skilled impaired driving lawyer is crucial to protecting your rights and minimizing the consequences of an impaired driving charge. Consider the following factors when making your decision:
Experience and Reputation
- Look for lawyers who specialize in impaired driving defense and have a proven track record of success.
- Check online reviews and testimonials to gauge their reputation among clients and peers.
- Consider lawyers who have handled cases similar to yours and achieved favorable outcomes.
Fees and Payment Plans
Discuss fees and payment plans upfront to avoid surprises. Some lawyers offer flat fees, while others charge hourly rates. Inquire about payment plans or payment options that fit your budget.
Finding and Interviewing Lawyers
- Get referrals from friends, family, or other legal professionals.
- Attend free consultations to meet with potential lawyers and discuss your case.
- Prepare questions about their experience, fees, and approach to impaired driving defense.
Attorney-Client Relationship
Establish a strong attorney-client relationship based on trust and communication. Share all relevant information with your lawyer and follow their advice diligently. Maintain regular contact and ask questions as needed to ensure you fully understand your case and the legal process.
Legal Process for Impaired Driving Cases
An impaired driving case involves a series of legal proceedings that can vary depending on the specific circumstances and jurisdiction. Here is a general overview of the steps involved:
Arrest
When an individual is suspected of driving under the influence of alcohol or drugs, they may be arrested by law enforcement officers. The officer will typically conduct a field sobriety test and/or administer a breathalyzer or blood test to determine the person’s blood alcohol concentration (BAC). If the BAC is above the legal limit, the individual will be taken into custody and charged with impaired driving.
Arraignment
After being arrested, the individual will be taken to jail and booked. They will then be brought before a judge for an arraignment, where they will be informed of the charges against them and their rights. The judge will set a bail amount and schedule a preliminary hearing.
Preliminary Hearing
At the preliminary hearing, the prosecutor will present evidence to the judge to establish probable cause that the individual committed the crime. The defense attorney will have the opportunity to cross-examine the prosecutor’s witnesses and present evidence on behalf of the defendant. If the judge finds that there is probable cause, the case will proceed to trial.
Trial
At trial, the prosecutor will present evidence to prove that the individual was driving under the influence of alcohol or drugs and that they were impaired to the point of being unable to safely operate a motor vehicle. The defense attorney will present evidence to rebut the prosecutor’s case and argue that the individual was not impaired or that they had a valid defense, such as a medical condition. The jury will then deliberate and reach a verdict.
Sentencing
If the individual is convicted of impaired driving, the judge will impose a sentence. The sentence may include jail time, fines, probation, and/or community service. The severity of the sentence will depend on the individual’s criminal history, the circumstances of the offense, and the laws of the jurisdiction.
Role of the Prosecutor
The prosecutor is responsible for representing the state in impaired driving cases. The prosecutor’s goal is to prove that the individual committed the crime and to obtain a conviction. The prosecutor will present evidence, call witnesses, and argue the case to the judge or jury.
Role of the Defense Attorney
The defense attorney is responsible for representing the individual charged with impaired driving. The defense attorney’s goal is to protect the individual’s rights and to obtain the best possible outcome in the case. The defense attorney will investigate the case, file motions, present evidence, and argue the case to the judge or jury.
Potential Outcomes
The potential outcomes of an impaired driving case vary depending on the circumstances of the case and the laws of the jurisdiction. Some possible outcomes include:
- Plea bargain: The individual may agree to plead guilty to a lesser charge in exchange for a more lenient sentence.
- Conviction: If the individual is found guilty at trial, they will be sentenced by the judge.
- Acquittal: If the individual is found not guilty at trial, they will be released from custody.
Resources for Impaired Drivers
Facing impaired driving charges can be a daunting experience. Fortunately, various resources are available to provide support and guidance during this challenging time.
Seeking professional help is crucial for addressing the underlying causes of impaired driving and preventing future incidents. These resources can assist individuals in navigating the legal process, accessing treatment programs, and connecting with support groups.
Support Groups
- Alcoholics Anonymous (AA): A global fellowship that provides support and guidance to individuals struggling with alcohol addiction.
- Mothers Against Drunk Driving (MADD): An organization that offers support and resources to victims of impaired driving and advocates for stricter DUI laws.
- National Council on Alcoholism and Drug Dependence (NCADD): A non-profit organization that provides information, resources, and support to individuals affected by alcohol and drug use.
Rehabilitation Programs
- Residential Treatment Programs: These programs provide a structured environment where individuals can receive intensive therapy, counseling, and medical care.
- Outpatient Treatment Programs: These programs offer flexibility and allow individuals to continue with their daily responsibilities while receiving treatment.
- Support Group Therapy: This type of therapy involves meeting regularly with a group of individuals who are also working towards recovery.
Legal Aid
- Legal Aid Societies: Non-profit organizations that provide free or low-cost legal representation to individuals who cannot afford an attorney.
- Public Defenders: Attorneys appointed by the court to represent individuals who cannot afford to hire an attorney.
- Private Attorneys: Attorneys who specialize in defending impaired driving cases can provide expert legal advice and representation.
