When individuals are accused of a crime, they often think that their best option is to deny that they had any involvement. While this type of defense can certainly suit certain circumstances, it may not be the best approach for everyone. In some cases, it may be worth considering the possibility that affirming your actions could actually work in your favor.
Of course, it is important to remember that affirmative defense strategies are not always the right course of action either. Typically, certain details of an arrest will need to exist in order for this type of defense to work in your favor. Still, exploring these options could benefit you.
Should you say you drank and drove?
The defense path you choose to utilize will depend on your personal preferences and, again, the details of your case. If you are interested in affirmative DUI defenses, you may want to determine whether any of the following scenarios is similar to yours:
- Involuntary intoxication: Did someone spike your drink or otherwise cause you to consume alcohol without your knowledge? If so, you may have the ability to argue that you became intoxicated against your will.
- Necessity: Were you in a situation in which you had no other choice but to drive even though you had been drinking? If you were in a dangerous situation, you may be able to argue that you drove because you had no other option.
- Duress: Did someone force you to drive by threatening you? If you drove out of fear of suffering harm otherwise, you may have driven under duress.
- Mistake of fact: Did you get behind the wheel because you genuinely believed that you were not intoxicated? You may have reason to take the mistake of fact approach.
Of course, these examples may not suit your particular case, but if they do not, you are not out of luck.
Finding the best strategy
Because each case is different, there are numerous ways in which a person accused of DUI could attempt to defend against charges. Therefore, you may want to take the time to closely consider the details of your traffic stop and arrest. Working with a Georgia attorney could allow you to gain reliable insight into your particular ordeal and to obtain answers to any questions and concerns you may have as your case moves forward.