David G. Moore Attorney At Law
Former DA Prosecutor Now Fights for Your Rights
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(Kalamazoo and Southwest Michigan)

Is it possible to overcome DUI charges with a defense strategy?

It is important for our readers understand the many differences that can exist in legal cases that result in the same criminal charges. For example, the circumstances surrounding two different DUI charges may be very different and may involve two very different alleged drunk drivers. For this reason, our readers should recognize that defense strategies to criminal matters must be tailored to fit the needs of the individuals that they support.

There are some broad defenses that some DUI defendants may be able to tailor to their individual cases. One of those defenses is necessity, which involves the assertion that the defendant avoided a greater harm by electing to drive with alcohol in their system. Another defense is involuntary intoxication, which involves the defendant asserting that they did not know that they were consuming alcoholic beverages.

These two defenses are affirmative defenses. Affirmatives defenses do not allege that the defendant was not drinking, but rather explain why their alleged action of driving with alcohol in their system should be excusable. Other affirmative defenses may include, but are not limited to, entrapment, duress and mistake of fact.

Other defenses may be available to individual drunk driving defendants. They may be able to challenge the legality of the stop and the search that led to their drunk driving arrest, or they may be able to prove that their blood or breath tests were improperly administered. As with all legal matters, our readers with drunk driving defense questions may need to talk with a criminal defense attorney to better understand what options they may have.

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