If you have been charged with DUI (driving under the influence) charge, you should know that there are potential defenses you can rely on even if the evidence of your intoxication is overwhelming. In this case, you can try affirmative defenses, such as the following three.
The necessity defense applies in a situation in which you have to commit a more minor crime to prevent a greater problem. It is essentially a case of choosing the lesser of two evils in which there is no other alternative.
If you were recently arrested for a DWI in which you were, in fact, over the legal limit, you may still be able to defend yourself against the charges. In some circumstances, you might be able to claim an entrapment defense, depending on the nature of your arrest and what led up to you actually driving your vehicle. Here's a look at the basics of what you need to know.
What do you do when you know you've been drinking and you're pulled over by the police on a traffic violation and asked to submit to a breathalyzer test because the officer can smell the alcohol on your breath or thinks your eyes are a little glassy?
This is a tough choice. Ultimately, you're the one who has to make the call, but there are times it probably is smarter to refuse to take the breathalyzer test despite the consequences.