A 36-year-old woman in upstate New York was charged with drunk driving on Dec. 5 after she reportedly drove the wrong way on a highway. According to the Warren County Sheriff's Office, a report came in just before 12:50 a.m. about a pick-up truck that was allegedly heading northbound in the southbound lanes of Interstate 87. When police arrived at the scene, the vehicle was found parked beside the highway with its front end pointed in the opposite direction of traffic.
The accused woman, who is a resident of Oklahoma City, was taken into police custody for suspicion of aggravated DWI. She was held on $500 bail, and her arraignment was scheduled to take place later that morning. At the time of the incident, the woman allegedly had a BAC level of .2 percent, which is over twice the legal limit for drivers.
It is unclear whether the accused woman was found sitting in her parked car or standing outside of her parked car. A person who has been charged for a similar incident may want to speak to a criminal defense attorney about where they were when police detained them. If a defendant was outside of their car, an attorney might argue that police do not have enough evidence to prove that the person was driving drunk.
Another defense strategy that an attorney may use to assist a DWI defendant is to argue that the breath test used during the incident displayed a false positive. Testing devices are not perfect, and they can sometimes malfunction if they are not properly maintained. If a breath test device displayed a particularly high BAC, an attorney may argue that the unusual test result is evidence that the device was not working properly.
Source: News On 6, " Cops: Oklahoma woman drove wrong way on upstate NY highway," Dec. 5, 2016