What is an affirmative defense against a drunk driving charge?

On Behalf of | Sep 16, 2022 | DUI |

If convicted of a criminal charge that involves driving while under the influence of drugs or alcohol, you could face extensive penalties that may affect multiple areas of your life. It will be in your interests to act immediately to develop a defense strategy that makes the most sense for your individual situation. There are different approaches to creating the best DWI defense, and the ideal option depends on your goals, previous criminal convictions and other details of your case.

It may be possible to develop an affirmative defense plan. This type of strategy will allow you to seek the best possible outcome, fighting for your future interests and your personal freedom. An affirmative defense is not always the best approach in every situation, but it could be the right way to fight back against the charges brought by the prosecution. Careful look at your case can determine the most appropriate way forward.

Potential affirmative defense options

Affirmative defenses are only appropriate in very specific circumstances. These types of defense strategies present a different set of facts than those presented by the prosecution. Examples of affirmative defenses include the following:

  • Duress — The defendant had no choice other than to drive while intoxicated due to the threat of force against him or her.
  • Mistake of fact — The defendant honestly believed that intoxication was not an issue at the time.
  • Necessity — The defendant had to drive in order to prevent something worse from occurring.
  • Involuntary intoxication — The defendant ingested alcohol without knowing he or she was doing so at the time.
  • Entrapment — An officer encourages the driver to drink enough to become intoxicated, and the driver would not have done so if not for that encouragement.

A successful affirmative defense requires sufficient evidence to prove the claims made by the prosecution. There must be indisputable evidence in order to successfully fight a DWI using one of the above methods.

Don’t delay

It is important that you not delay in learning about the defense options available to you as soon as possible after a DWI arrest in Minnesota. Your future is at stake, and with the right defense plan, you can effectively fight for your long-term interests, possibly avoiding some of the penalties you are up against and mitigating the long-term effects a drunk driving conviction can have on your life.



FindLaw Network