There are many different ways that someone can defend against a DUI charge, even though it may seem like an impossible feat. Sure, the stigma of a drunk driving offense may make someone seem guilty until they are proven innocent, but as we all know, that saying is actually the other way around.
If someone is accused of driving under the influence of alcohol, there are actually a wide variety of circumstances that could play a role in their case — and some of them can be quite odd.
Necessity and duress cases can come into play when someone drives under the influence of alcohol. Necessity means exactly what it says: you drove drunk out of necessity. Maybe a medical emergency forced you to get behind the wheel of a car while intoxicated. Duress means that someone else forced you to drive under threat of injury or force.
There are also involuntary intoxication cases where a person’s drink is spiked without their knowledge, leading them to become intoxicated even though they had no intent to become intoxicated or knowledge of their intoxication.
Police misconduct can play a role in a DUI. Maybe they tried to entrap someone into a DUI case, or they handled the case improperly. The police could also mistakenly identify someone as the drunk driver when actually it was someone else who was the driver.
Every case is unique, and every defense will be a little bit different depending on the circumstances. If you have been accused of a DUI consult with an attorney immediately.
Source: FindLaw, “Defenses to Drunk Driving,” Accessed May 10, 2016
