Receiving a DUI charge can be terrifying for anyone. However, not everyone gets behind the wheel under the influence due to negligence. In some instances, it may be a matter of life and death, or someone drugged them without their knowledge.
When this happens, a person may have a valid case for their actions, even if they were illegal. If someone end’s up going to court due to their charges, they could use an affirmative defense to assist them in their case.
An affirmative defense typically gets used when one’s actions were considered sensible, like escaping undesirable circumstances.
Examples of affirmative defenses
These are some of the most common:
- Individual committed crime out of necessity: The necessity defense states that the defendant had justifiable reasons for allegedly violating the law. But for a successful case, the individual often must prove that no other options were available to them to avoid harm.
- Individual was involuntarily intoxicated: In some cases, a person may consume alcohol without even knowing it. For example, someone drank spiked punch at a party that had an indefinite amount of alcohol content.
- There was a mistake of fact: Even if someone got pulled over, alcohol or other illegal substances might not be the reason behind their impairment. In some cases, a person’s abnormal driving may be due to side effects from prescribed medication.
- The defendant was in great danger: Similar to necessity, some may drive under the influence to escape greater consequences, like serious injury or death. For example, someone may do so because another individual is threatening them.
Those accused have the right to defense
Just because someone receives DUI does not mean they are automatically guilty. As people often have different backstories, they deserve a voice in a court of law. Those who were in less than desirable conditions may want to consult with a legal professional.