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Common Defenses In Drunk Driving Charges

Getting charged with DUI or drunk driving can have serious repercussions on the driver. It can have an impact on their families, career, and future. The person charged with DUI may face stiff penalties and worst jail sentence. Some of the consequences associated with DUI include loss of driving privileges, fines, community service, or installation of an ignition interlock device. Columbia DUI defense lawyers will tell you that a DUI charge can have life-altering consequences.

Having an experienced attorney defending you can make a huge difference between conviction and acquittal. They can use their experience in questioning the accuracy of the field sobriety test, challenge the integrity of the evidence, and others. Here are some of the common defenses that will be used by lawyers in defending your DUI case.

1. Necessity – Your lawyer may use this defense to prove that you were driving to prevent a greater evil that was more serious than the potential harm that will result from DUI.

2. Duress – The lawyer may also state that the defendant was driving under duress to avoid serious injury or death

3. Entrapment – The lawyer may also use the entrapment principle to prove that their client may not have driven drunk if the officer somehow had a hand in encouraging them to drive intoxicated

4. Mistake of Fact – In this defense, the defendant honestly believed that they were not intoxicated. For example, the impairment was due to the prescription medication they were taking.

5. Involuntary Intoxication – The lawyer may also use the defense that the defendant did not know that they ingested alcohol.

The lawyer may also conduct a review of the testing that was performed and may likely challenge its administration. The lawyer may claim that the test was improperly administered. While the ultimate goal is acquittal, there may be other defenses that your attorney will use. They may negotiate a plea agreement or ask for a reduction of charges.