A Minnesota woman accused of driving with a blood alcohol content (BAC) of more than three times the legal limit had a novel excuse for her behavior: the outcome of the presidential election. According to an article published by Fox9.com, police officers in Lino Lakes, Minnesota responded to a report of a three-vehicle crash to find a 33-year old woman who showed signs of alcohol intoxication. She had rear-ended another vehicle driving at a high speed.
Reports indicate that the woman told officers “I am upset over the outcome of the election and you should let me go home.” After she was arrested, the woman fell over and broke a breath testing machine when she attempted to provide a breath sample. She was later transported to another police station where she was able to provide the breath sample resulting in the BAC reading referenced above.
Potential DWI Defenses
While being upset over events may drive many people to consume alcohol and make poor decisions, being upset is no excuse for drinking and driving. Because drunk driving is a strict liability offense, there are generally no “excuses” that are recognized by law. That being said, there are cases in which there are defenses that can be raised, even in situations in which a driver provided a breath sample that indicated that he or she was driving above the legal limit. Some of these include the following:
- Introducing evidence that the driver has a medical condition that can cause symptoms similar to alcohol intoxication or an inaccurately high breath alcohol level
- Establishing that there was no legal justification for the initial traffic stop that led to an arrest
- Showing that the officer that administered any sobriety tests lack sufficient training to do so
- Demonstrating that the breathalyzer that was used was improperly calibrated
These defenses, if raised correctly, may result in a driver being offered a favorable plea agreement or even the case against him or her being dropped or dismissed. For this reason, it is important for anyone that has been accused of drunk driving to have an attorney thoroughly review the facts of their case in order to determine whether any defenses apply.
Call 732-238-8686 today for more information.
If you have been accused of drunk driving, you should speak to an attorney as soon as possible. New Jersey DWI defense lawyer David C. Barry is committed to representing the rights of people who have been arrested for drunk driving and strives to obtain the best possible result in each case he takes. To schedule a consultation with Mr. Barry, call our office today at 732-238-8686 or contact us online.