If you wish to fight the DUI charges against you then you will need the help of a lawyer who specializes in DUI cases. The prosecution will have expert witnesses like police officers and scientists who will need to be questioned by an experienced DUI lawyer. As part of your defense your lawyer will usually try and attack the observations and opinions of the police officer who arrested you. There are also very specific strategic defenses that a DUI lawyer may be able to argue in court, they are:
- Necessity:Â applies when a person had to drive to prevent a greater evil
- Duress:Â applies when a person drives to avoid serious injury or death
- Entrapment:Â applies when an officer requested a person to drive drunk
- Mistake of fact:Â applies when a person has an honest belief that their BAC was under the legal limit
- Involuntary intoxication:Â applies when a person has ingested alcohol or drugs without knowing it
In general, these defenses involve a very specific set of facts that must be shown and are extremely difficult to prove. You will need an experienced DUI lawyer if you want to use one of these defenses in court.
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