Using an Affirmative Defense in A DUI Case

On behalf of The Berger Firm Dec. 13, 2019

Sometimes, people have to do the unthinkable to get out of a bad situation. Depending on their circumstances, a person’s escape may have gotten them a DUI.

If this happens, the accused could use affirmative action defenses to assist in presenting their case. Depending on their situation, their illegal misconduct could be justified by the court if they consider their actions reasonable for their circumstances.

Situations Where Affirmative Defense Could Be Reasonable

These are some prime examples:

  • The defendant was under duress: A person may have driven under the influence if someone threatened them. For example, a person may have been forced to drive while intoxicated if an abuser or kidnapper was planned to inflict harm on them if they didn’t.

  • The defendant was trying to escape a bad situation: Similar to being under duress, someone who drives while intoxicated may be trying to remove themselves from danger. For example, if a person finds out their date put a drug in their drink, they may try to get as far away from them as they can, even if it means breaking the law.

DUI Convictions Can Be Scary

Anyone whose been in unfortunate circumstances knows that they need to do something to save themselves or their loved ones. Those who recently got a DUI and were under one of the following conditions may want to seek legal counsel. A criminal defense attorney could be the difference between a clean record and a conviction.