There are a number of different ways to defend yourself against a DWI charge, and oftentimes the most effective way to do that is by challenging the evidence against you. You may argue that the breathalyzer device wasn’t working correctly or there was a procedural violation committed by an officer during the interaction. However, in certain instances, you may wish to put forth what’s known as an affirmative defense.
An affirmative defense is a type of defense where one side introduces evidence that, should it be deemed credible, would negate the criminal culpability. In other words, you may be agreeing that you drove drunk, but other facts exist that negate your criminal liability. We dive deeper into this subject and provide some examples in today’s blog.
Types Of Affirmative DWI Defenses
As we mentioned in the introduction, an affirmative defense won’t be the most common defense strategy used, but when certain circumstances exist, you may be able to have your charges dropped by putting forth an affirmative defense. Here’s a look at some potential affirmative defenses to drunk driving:
Duress/Necessity – If you were drinking at home and your spouse started getting physically violent, you may be able to argue that you only drove while intoxicated to remove yourself from a potentially life-threatening situation.
Involuntary Intoxication – If you unknowingly ingested alcohol and did not realize that you were intoxicated, you may be able to put forth an involuntary intoxication affirmative defense. This could also be your defense if your drink was unknowingly spiked.
Mistake Of Fact – If you honestly believed that intoxication was not an issue at the time you were driving, you may be able to argue that there was a mistake of fact. If you honestly thought that the effects of your prescription medication had worn off by the time you were driving, but it turns out that you were not driving safely, you may end up booked with a DUI charge, and it’s possible that you could put forth a mistake of fact defense. A mistake of fact defense is more common in other types of criminal cases.
Entrapment – While it doesn’t really pertain to DWI cases, an entrapment defense suggests that you were persuaded by police to commit a crime that you otherwise would not have committed if not for their encouragement. This is more common in prostitution/solicitation cases.
As you can see, it’s pretty rare to decide to move forward with an affirmative defense in a DWI case, but it’s certainly not impossible. If you were fleeing a dangerous situation or your drink was spiked, you may have a legitimate defense for driving drunk. The courts will still want to ensure you evaluated other decisions before getting behind the wheel if relevant, but know that you may have other defense avenues based on your specific DWI situation.
For more information about DWI defenses, or to talk to a lawyer about planning and implementing a defense for the criminal charge you’re facing, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
