Defenses to Drunk Driving

The first course of defense from a good DUI defense attorney against a drunk driving charge is usually to challenge the arresting officer’s perceptions. Proving that the officer was mistaken about the driver’s state, pulled the driver over with little cause, or was somehow biased against the defendant are standard defenses. Witnesses may be challenged, as well as those who performed the blood alcohol testing. And witnesses are often called who can testify that the defendant wasn’t drunk. But there are some other defenses that can be used in a drunk driving case. These defenses are called:

• Necessity
• Duress
• Entrapment
• Involuntary intoxication
• Mistake of fact

Necessity

This defense claims that the driver had to drive, and that driving after drinking was the lesser of two evils, with the other evil being the result of not driving. No available phone and a medical emergency in which the driver attempts to take someone to get help, for instance, is one situation where the necessity defense would be valid.

Duress

The defendant drives out of fear of injury or death in this defense. Fleeing from someone who the defendant believes will harm him is one example.

Entrapment

If a law enforcement officer in any way encouraged or requested that the defendant drive after drinking, and once the defendant did so the officer arrested him, this is DUI entrapment.

Mistake of Fact

If a person believes he is within the legal blood alcohol limit, drives, and it’s discovered he was not, this defense can be used. Usually this is best used when there are no accidents or injuries, and the level of the person’s visible inebriation is in question.

Involuntary Intoxication

When someone drinks alcohol without knowing it, if someone put alcohol in punch at a party without making the guests aware, for instance, and then drives, this defense could be used.

Difficult to Prove

While these defenses are all valid in certain situations, they require a great deal of evidence to prove and certain circumstances can make them impossible to use successfully. Each state has its own rules regarding these dui defenses to drunk driving.

Contact one of our experienced drunk driving lawyers in your area today!