Criminal Attorneys Aren't Just for Criminals

Two Lesser Known DUI Defenses

by Eva Holmes

If you are charged with a DUI, or driving under the influence, it is always wise to consult with a DUI defense lawyer. They may be able to defend you against the charges, getting them reduced or dismissed. There are many common defenses to DUI, such as arguing you were illegally pulled over and that blood was improperly drawn. However, there are other defenses that can be used in a case that aren't as well known. Here are two of the lesser-known DUI defenses.

A Necessity Defense

If you can prove that you were driving out of necessity because of a danger or threat, even if you are drunk, you may have a defense to the DUI charges. For example, if you and your husband are drinking at home and he suddenly becomes violent, you can leave the home in your care to go to a safe place. If you are pulled over and charged with a DUI, the lawyer may be able to argue that you were leaving a dangerous or threatening situation. Likewise, if you are at home drinking and your child falls and injures themselves and needs to get to an emergency room quickly, you may be able to drive them because of the danger that is present if you fail to do so.

Involuntary Intoxication Defense

Another defense to driving under the influence is the involuntary intoxication defense. If you were at a bar and ordered virgin margaritas all night, and then get pulled over for drunk driving because you were unknowingly served the real thing all night, you may have an involuntary intoxication defense. Unfortunately, these cases can be difficult to prove. You have to prove that you did not know that you were drinking any alcohol and did not realize that you were intoxicated when you got behind the wheel. However, if a DUI defense lawyer can prove this, your charges may be dismissed or you may be found not guilty if your case goes to trial.

If you are pulled over and arrested for a DUI, it is important that you do not make any incriminating statements, such as admitting to drinking or stating how many drinks you had. What you say can be used against you and hinder any possible defenses that may be available to you. After you are released, speak with a DUI defense lawyer, such as Attorney John F Obrien. There are many defenses that can be used to defend you against a DUI charge and a lawyer can help determine which may be applicable for your situation.