How to Beat DUI Charges- Mastering Your Defense
This article finds clarity among the chaos to reveal fundamental factors that could lead to your favor without unnecessary complexity or empty words. Read our “how to beat DUI charges” defense system which begins by learning about legal stops and testing procedures followed by revealing the skills needed for DUI negotiations.
Affirmative Defenses to DUI Charges
Proof of an affirmative defense establishes facts which entirely eliminate the criminal liability for actions otherwise defined as unlawful. Different behaviors receive justification through affirmative defense framework. The following section presents several accepted defenses that excuse people from DUI (driving under the influence) charges.
Necessity
The defense of necessity enables individuals to drive to stop a big danger. As part of an affirmative defense in DUI cases the driver needs to demonstrate that all alternatives were exhausted and the danger they prevented exceeded possible consequences from driving under the influence.
Duress
The positive defense protects people who drive to steer clear of impending severe physical injury or death. Someone holds an intoxicated driver at gunpoint and orders them to drive thus becoming an example of duress.
Entrapment
Driving under an impairment due to law enforcement officer encouragement qualifies as entrapment by the government. The motorist has to demonstrate that they would not have conducted any drunk driving activities unless the law enforcement officer had allegedly coerced them.
Mistake of Fact
When individuals drove while sincere in their belief of being alcohol-free it results in a mistake of fact. Your belief that prescription medication impairment effects have diminished before motor vehicle operation establishes a mistake of fact when you operate a vehicle legally.
Involuntary Intoxication
Your intake of alcohol without awareness becomes involuntary intoxication. Driving under the influence becomes relevant when someone accidentally consumes liquor they cannot identify during social drinking. A successful defense for driving under the influence of alcohol may exist through the argument of involuntary intoxication.
Other, Less Common Defenses
The following two arguments exist as defenses against DUI charges. However, they’re less commonly employed.
The Accused Person Wasn’t the Driver
People may doubt if the individual who received the DUI charge operated the vehicle at that particular time. The passenger switched driving positions with the wrong assumption of sobriety while getting caught by the sobriety or breath test.
Improper Police Actions
The accused can present compelling evidence or expert witness testimony that shows police misconduct toward civil rights violations and fake DUI reports along with other unreasonable official behavior.
A DUI Defense Attorney Can Help Argue Your Defenses to a Drunk Driving Charge
Vehicle operators who believe they were slightly drunk at the time of their DUI arrest can still obtain protection through misdemeanor DUI defense arguments. The best way to improve your chance of winning a DUI case requires contacting a DUI lawyer. You need to search for a DUI attorney in your area who will assist in cases involving license suspension after a DUI incident.