When the topic of drunk driving comes up, most people think the worst. They assume that the accused person is guilty before they even hear the particular circumstances involved in the case. Even though this flies in the face of “innocent until proven guilty,” it is understandable in a way. Portrayals of drunk drivers have made it so that the public at large has nothing but disdain for them, even though extenuating circumstances could be involved in a DUI case.
Here are just a few example of potential DUI defenses that could be utilized to successfully help someone accused of driving under the influence of alcohol:
- There are many administrative and procedural mistakes that can be made in the course of a DUI investigation that could lead to charges being dropped. Was the chain of custody for evidence followed? Did the police have probable cause for the initial stop? Were the rights of the accused person upheld and respected?
- There are also “affirmative” defenses to drunk driving. These include situations such as being forced to drive drunk (under threat of violence, for example) or driving out of necessity (to save someone suffering a medical emergency, for example).
- You could also be intoxicated and not know it. Imagine going to a social event and drinking a spiked drink. You didn’t know it was spiked, and you have no intention of consuming alcohol — but now you have consumed alcohol and you drive home without knowing it.
Source: FindLaw, “Defenses to Drunk Driving,” Accessed July 21, 2017