If you’re stopped for drunk driving, you may think that you’re out of luck, especially if your breath test came back at .08 or higher. Fortunately, there are defenses you can try that can work to protect your reputation and help you get the penalties against you lowered or dropped in some cases.
One type of defense to try if you are guilty is called an affirmative defense. With an affirmative defense, you admit that you did drive drunk, but you explain your actions. For instance, if you had to drive drunk because you had no other option, then you could say that it was more necessary to drive drunk than to avoid the potential harm it could cause.
You could also show that you were under duress. For instance, if you were fleeing from a dangerous situation or were forced to drive while intoxicated by another person under threat of force, then you could prove that you were under duress and had no choice.
Another option is to show that the police somehow encouraged you to drive while intoxicated. To prove this, you’ll need to show that you would not have chosen to drive drunk if not for the actions of the police. For example, if an officer asks you to move your vehicle while you’re at a bar and then arrests you for driving drunk, this could be an example of entrapment.
Your attorney will discuss the options that might work best in your case, depending on the specific circumstances. Not all defenses work for all cases, but there are options for yours.
Source: FindLaw, “Defenses to Drunk Driving,” accessed Nov. 23, 2016