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Defenses against DUI charges

On Behalf of | Oct 23, 2020 | Criminal Defense

An officer pulling you over for driving under the influence (DUI) of drugs or alcohol is not a great feeling, especially when it seems like there is no defense against the charges. Sometimes, the sense of guilt can result in a driver not contesting the charges and accepting the consequences. Giving up so early on defending yourself can result in long-term adverse effects.

When the first offense for DUI can result in $500 in fines and six months of jail time, even a first offense can become a big problem. While you may not think so, there are several viable defenses to DUI charges. An of these defenses may be what you need to protect your record.

Mistaken DUI

If the car driver honestly did not believe they were intoxicated, they may be able to defend against these charges. This does not apply to statements like “ I was not that drunk,” but rather situations where the driver was not aware their medication wore off, or if they were under a new prescription and was not aware of how it impacted them.

Unwilling intoxication

If a driver was not aware they consumed drugs or alcohol, they might be able to use that as a defense to their charges. A typical example of this would be someone secretly adding alcohol to the punch at a party.


When a person forces the driver through the threat of violence or harm to drive a car while intoxicated, the person behind the wheel is driving under duress. If the driver can prove that they were forced to drive while under the influence, they may avoid a conviction.

It was necessary

In some cases, someone driving while intoxicated is better than not. In situations where someone’s life is on the line or other major emergency, it may be a valid defense against any charges. Proving that the DUI was the lesser of two evils is not an easy thing to do, however.

Do not give up

If you are facing DUI charges, the worst thing you can do for yourself is to give up without speaking to an experienced attorney. Criminal defense attorneys know what to look for to find grounds for a strong defense, and you may be able to avoid getting a DUI on your record.