Getting a DWI Doesn’t Mean Your Driving Privileges are DOA: You May Have a Possible Defense

If you’ve ever driven down I-95, I-495, or Route 50, you know that the police make their presence known. Although this is excellent news for those who are concerned with their safety, it’s not so great when you’re pulled over, particularly if you are intoxicated.

Everyone makes mistakes and unfortunately, you were caught when you made yours. You were pulled over and found to be driving while intoxicated. You’re fearful for your future, as you know you could potentially lose your license or even go to jail.

You Could Have a Possible Defense

Not everyone who receives a DWI charge is convicted. When you have a good attorney on your side, you increase your chances of getting off without penalties or receiving the minimal penalty. Here are possible defenses that could help you:

• Mistake of fact. This defense is possible when the driver has an honest belief that he isn’t intoxicated. For example, if the motorist has a valid reason for thinking that the debilitating effects of his prescription medication have worn off.
• Necessity. When a person believes that driving while intoxicated was a better choice than what would’ve happened if he had not driven at all, he may claim the necessity defense. Here, a lawyer will attempt to prove that the driver had no other options and that the “greater evil” he was trying to avoid was more serious than the potential harm that could’ve been caused by driving.
• Duress. When using this defense, the attorney will attempt to prove that the motorist was forced by a threat to drive while intoxicated.
• Involuntarily intoxicated. This defense may be used to show that a driver wasn’t aware he was drinking alcohol. For instance, if he was consuming “spiked” punch, he may not have known he was drunk when he got behind the wheel.

Contact an Attorney as Soon as Possible

Calling a lawyer as soon as you can allows you to plan a defense and possibly move past this charge. The Easley Law Firm has helped many motorists in the Fairfax area with their DWI charges, and may be able to do the same for you.