It generally becomes incredibly difficult to defend oneself against charges incurred by a DUI or drunk driving when the blood alcohol test is done with blood. Additionally, if the situation is based on reliability to a breathalyzer exam, it could lead to the possible defense against faulty equipment. This happens since these devices require correct settings and calibration. However other factors such as medication or the smell of alcohol on the breath of the individual could support the defense.
This situation generally can be sorted with deemed consequences on the individual. However, when children become part of this court proceeding, there is a high chance of the judge not looking favorably on the defendant’s side no matter what defense he/she attempts to implement. There may even be increased charges on the individual’s case which would weaken the case and may support the prosecution of the defendant.
Additionally, the more serious factor of the situation is the matter of the child. The court should be able to determine if the child was put in danger during the journey of the defendant parent. If there were a chance that the child was placed in any possible danger due to the drunk driver, it would typically reduce the chances of the defendant being able to succeed. It may even lead to the individual being charged with penalties. These penalties may increase the chances of the individual ending up in jail and cause the individual to lose custody of the victimized child.
An experienced and professional lawyer can be hired in these circumstances. The lawyer can then focus on the DUI charge and help the individual through the case if he/she is deemed innocent.
If you’re unhappy in a marriage and feel like your husband or wife is guilty of substance and alcohol abuse which may, in turn, put the child’s life (if any) in danger, it is essential to speak to a lawyer to determine the factors of the situation.
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