It may be hard to imagine, but there are circumstances where a person who is under the influence of alcohol and is driving a car does not deserve a DUI charge on their record. Allow us to explain.
These situations are referred to as “affirmative defenses” in the world of drunk driving law. They include situations such as necessity, where an intoxicated person drives due to an emergency or to prevent a “greater evil”; a situation of duress, such as when another person forces the drunk person to drive under threat of force; or by other circumstances out of the accused person’s control, such as entrapment by a police officer or involuntary intoxication due to someone else’s actions (such as spiking someone’s drink).
Affirmative defenses aren’t the only ways that someone accused of a drunk driving violation can successfully defend the case against them. For example, maybe the traffic stop that led to the DUI charges against you was improper. Maybe the police officer lacked probable cause. Maybe the accuracy of the breath test or blood test is in question. Maybe your blood alcohol level wasn’t illegal at the time of the stop, but by the time the breath or blood test was administered, your BAC increased to an illegal level.
All of these situations could lead to a DUI charge being dropped if you go about your case in the proper way. If you have been accused of a DUI charge but you think your case doesn’t warrant such a charge, you need to consult with an experienced DUI defense attorney.
Source: FindLaw, “Defenses to Drunk Driving,” Accessed Aug. 5, 2015
