DWI Affirmative Defenses
There are some different options when mounting a defense for a DWI charge.
An affirmative defense, according to Cornell Law School, is a “defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal or civil liability, even if it is proven that the defendant committed the alleged acts.”
Below are some Affirmative Defenses to DWI charges:
Necessity – the driver is preventing a greater evil. To prove this, the driver must show that the greater evil he or she wished to avoid was more serious than the DUI/DWI’s potential harm.
Duress – the driver aims to avoid serious injury or death. For example, somebody intoxicated drives under threat of force
Entrapment – an officer encourages a motorist to become intoxicated or drive under the influence. For example, if an officer sees somebody asleep in their car, knows that person is intoxicated when the officer wakes him or her, then instructs that person to drive home.
Mistake of Fact – when somebody believes honestly that he or she is not intoxicated.
Involuntary Intoxication – when somebody has consumed alcohol without his or her knowledge. Spiked drinks would be an example of this, or even the side effect of certain medications.
Of course each state varies with their DUI laws. Therefore, it’s important to go to a lawyer that specializes with DWI law. Luckily, you don’t have to look too far with the Southern Oaks Law team. DWI attorney Taylor Fontenot knows the specifics of Louisiana’s local DWI laws. Contact Taylor today and know you are getting sympathy and strength as well as competency and expertise.