Driving Under The Influence: Dangers And Potential Defenses

Driving under the influence (DUI) is a dangerous thing that nobody should ever do. However, if you do get arrested for DUI, you have the right to defend yourself and should do it to the best of your ability.

DUI Dangers

Below are some of the specific ways alcohol increases danger for drivers.

Vision Problems

Alcohol affects the eyes in different ways. For example, it interferes with the rate of dilation and constriction of the iris, decreases contrast sensitivity, and even increases the dryness of the eyes. All these affect your vision, and impaired vision is a recipe for disaster on the road.

Slow Reaction Time and Coordination Issues

Alcohol also affects the part of your brain that controls the coordination between your brains and your limbs. Thus, if you are drunk, your legs and hands might not react fast as they would if you were sober. This means you might fail to react fast enough to avoid an accident.

Drowsiness

Some people feel drowsy while drunk. Drowsiness means you might not notice road dangers, such as stalled vehicles, in time.

Impaired Judgment

One of the biggest effects of alcohol is that it impairs judgment. Impaired judgment affects both the speed and quality of decision making behind the wheel, which increases the risk of an accident.

Potential Defenses

The best thing is not to drive after you have taken alcohol or any intoxicating substance. If you do get arrested, however, you can use the following defenses depending on the circumstances of your alleged DUI.

Improper Stop

The police can't know that you are drunk before they stop you. Thus, they must have a good reason (probable cause) to stop you. If the police stopped you without reason, you could use improper stop as a defense to your DUI charges.

Necessity

This is an affirmative defense that alleges that your intoxicated driving was a lesser evil necessary to prevent a bigger evil. For example, you can invoke the necessity defense if you were arrested while racing to take an injured child to the emergency room because the emergency services were not available and no one else could drive.

Defective Tests

This defense attacks the effectiveness of the DUI tests, such as the field sobriety tests and the breathalyzer. You may need an expert witness to use this defense effectively.

Low BAC

Low blood alcohol content (BAC) may be a total or partial defense depending on your age.

For help defending yourself against a DUI charge, contact a DUI attorney from a company like Thomas & Associates, PC.

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