You can use a few defenses to defend yourself against a DUI charge. DUI cases can be strict and complicated, so you should use affirmative defenses to help your case as much as possible, as getting convicted of a DUI charge is very common. DUI charges are strict because of their dangerous nature. Driving under the influence of alcohol can cause fatal or severe accidents on the road.
There is a legal limit on alcohol consumption for drivers. You cannot be behind the wheel if you exceed that limit, which is considered illegal. If you have been charged with a DUI/DWI, it is best to hire an attorney to represent you in court. Meanwhile, you can read on to learn about some affirmative defenses that you can use to defend yourself from a DUI charge.
Affirmative defenses for DWI charges
An affirmative defense is best defined as an excuse or justification for a particular behavior, which, in this case, would be driving under the influence. If the accused can prove their affirmative defense, they can get the charges against them dropped. These are a few affirmative defenses people often use when charged with a DWI:
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Necessity
One can use necessity as an affirmative defense when the situation is such that it forces the person to drive to avoid or prevent a greater danger. The accused must prove they had zero options besides driving, and the greater risk was far more severe than driving under the influence. One such situation is if the driver felt a threat to his life by a potential criminal, such as a robber or a murderer, and the only way to avoid that was to drive away.
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Duress
Duress is coercion. When someone is coerced or forced into driving while intoxicated by threat, it is an example of driving under duress. If another individual forces someone to drive otherwise, they threaten to harm them or take their life. They can use this situation as a case of duress for their affirmative defense.
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Entrapment
Entrapment involves a law enforcement official encouraging or making someone become intoxicated and drive. However, in an entrapment case, the driver must prove the entrapment was the sole reason for them being drunk, and no other reason besides that.
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Mistake of Fact
A mistake of fact refers to a situation where the driver genuinely believes they were not drunk while driving. An accused can only use this defense if they have a valid reason to believe their intoxication had worn off before driving.
