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What are the affirmative defenses you can use in a DUI case?

On Behalf of | Dec 1, 2021 | Blog, Drunk Driving

Mississippi residents who are charged with DUI can find their lives suddenly changed. You will need a strong defense in your case if you want to avoid the potential penalties of a conviction. There are certain affirmative defenses that can be used in DUI cases.

What is an affirmative defense?

For drunk driving charges and other criminal cases, an affirmative defense is a reason why the plaintiff should not win the case. These defenses can be used even if there is evidence that shows that the charges were warranted. However, it’s possible to challenge the argument presented by the prosecution or witnesses, such as the arresting police officer.

What are the possible affirmative defenses to DUI charges?

DUI cases involving drunk driving may involve certain circumstances that can make things more complex. In that situation, the defendant can use an affirmative defense to attempt to get the charges reduced or dismissed.

Entrapment is a common affirmative defense. For example, if the arresting officer encouraged a person to drive while they were clearly intoxicated or sleeping in their car, this defense can be used.

Involuntary intoxication is an affirmative defense that can be used if the individual unknowingly consumed alcohol. Duress can be argued by the defense if the defendant was put in a state of fear or intimidation and was forced to commit the offense. For example, if another person brandished a weapon and ordered the defendant to drive them somewhere despite being intoxicated, they might have felt that they had no choice due to fear for their safety or even their life.

The affirmative defense of mistake of fact can be used if the defendant was not actually intoxicated during the time when they drove. These types of defenses may be valid in a drunk driving case and result in the defendant avoiding serious penalties.

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