If you get arrested and charged with drunk driving, you may feel confused and scared. While some people think they have no recourse but to plead guilty, you should know that there are several defenses available in this situation.
If you were forced to operate a vehicle while intoxicated, you may have a defense. The key is that you made your decision under duress, meaning that there was some sort of threat or force that made you drive. For instance, this defense may involve providing evidence that you would have been harmed if you had not driven.
Mistake of fact
You can also use a mistake of fact defense if you can prove that you were not impaired, even though your blood alcohol content showed otherwise. This may be based on factors such as faulty equipment or inaccurate Breathalyzer results.
If you can prove that you were not aware of the fact that you were consuming alcohol, and it made you intoxicated against your will, this may be a valid defense. This could involve claims such as the fact that someone drugged you without your knowledge.
Lack of probable cause
If the police did not have a valid reason to pull you over in the first place for DUI or OVI, or they did not have enough evidence to support their suspicion that you were drunk driving, this could be grounds for dismissal of your case.
If you had to drive because there was a life-threatening situation, this may be grounds for dismissal. No one else must have been able to help you or take over driving duties.
While there are many potential defense strategies that might work in your favor, it is important to understand that each situation is different. You should understand your rights and the options you have based on those rights.