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PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via the telephone or through video conferencing. Please contact our office to discuss your options. 

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Can you defend yourself from DUI charges?

Driving home with a mild buzz may not seem like a serious issue to some, but Florida police officers take any form of DUI every seriously. When officers encounter someone driving while under the influence, the resulting charges can come with considerable consequences.

If you have received DUI charges, it may feel like there is nothing you can do to defend yourself and protect your rights, future and freedom. Thankfully, some defenses have a history of success for people facing DUI charges. The five common defenses against DUIs are:

It was necessary

If your driving while under the influence was absolutely unavoidable, it might allow you to defend yourself from the charges. Examples of this defense include being the only person available to drive someone to the hospital in a life-or-death situation.

Duress

You may be able to defend yourself from DUI charges if you can prove that you were driving under duress. You would be under duress if someone forced you to drive through the threat of physical harm to yourself or someone else.

Entrapment

If the police set you up in a way that gets you to drive while under the influence, it is known as “entrapment.” For example, if an undercover officer buys you drinks at a bar and convinces you to drive them home, that would be entrapment.

Mistaken intoxication

If a driver is on a new prescription, they may not be aware of all of the side effects. If one of these side effects causes them to become intoxicated after only a single drink, it may be grounds for a viable defense.

Involuntary intoxication

Sometimes, people can drive under the influence without ever knowingly consuming drugs or alcohol. If you acted as the designated driver at a party, for example, and someone spiked the punch, you may not realize you consumed any alcohol until you were already driving home.

Get the defense you need

No matter the circumstances of your DUI charges, make sure you are doing everything in your power to defend yourself with the help of an experienced criminal defense attorney. Their experienced guidance can help you determine what your options are in fighting the DUI charges against you.