Affirmative DUI defenses that might apply in your case

There are numerous possible defenses to a DUI charge, including a lack of probable cause for the initial stop, inaccuracies or challenges to the Breathalyzer test results or the blood test results, inadequate training of officers, improper interpretation of field sobriety tests and more. These can be very effective defenses depending on the facts of your case, and our skilled attorneys have years of experience successfully having charges reduced or dropped using these defenses.

There are also less-common affirmative defenses that can still result in the reduction or dismissal of charges.

  • Necessity occurs when a person has driven under the influence to prevent a “greater evil.” Examples of this would be to transport a severely injured or ill person to the hospital (when no other means of transportation is available), or to flee from imminent danger. Usually to prove necessity, there must be an emergency situation – not caused by the driver – that will result in impending, serious injury or harm, and there are no viable alternatives to the intoxicated person driving.
  • Duress happens when someone commits DUI under threat of injury or death. An example of duress is forcing an intoxicated person to drive by holding him or her (or another person) at gunpoint. In that situation, nearly anyone would decide that driving under the influence is a better option than potentially being shot.
  • Involuntary intoxication occurs when the driver has ingested alcohol or another intoxicating substance without his or her knowledge. If someone spikes the punchbowl at a party or slips something into the person’s soda as a prank, this defense could apply.
  • Entrapment happens if a law enforcement official actively encourages the driver to get behind the wheel while intoxicated. The driver has the burden of proving that he or she would not otherwise have driven drunk but for the actions of the officer.
Skip to content