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Possible defenses for drunk driving charges

As with other criminal charges, drunk driving crimes can often be challenged through different defense strategies. In Virginia, there are a variety of defenses that may help individuals facing DUI, DWI and other drunk driving charges to either mitigate or eliminate their outstanding legal matters. This post will touch on several possible defenses that individuals may use to face drunk driving charges, but readers are asked to discuss appropriate defense strategies for their cases with their criminal defense lawyers.

One set of possible drunk driving defenses that Virginia residents may utilize are affirmative defenses. These defenses actually admit that a driver was under the influence when they were behind the wheel, but that there is a reason that they should not be punished for such conduct. For example, the affirmative defense of involuntary intoxication may exonerate a person if they can show that they had no idea that they were consuming alcohol. Additionally, the affirmative defense of duress may demonstrate that an intoxicated person was forced to drive by another person who threatened them with harm.

Other defenses do not admit a driver's intoxication, but often focus on mistakes made during the evaluation of a person's condition at the time of their drunk driving arrest. A defense may claim that a law enforcement official improperly administered a field sobriety test that allegedly proved a driver's intoxication, or that a law enforcement official did not have probable cause to stop a driver on suspicion of drunk driving.

These are only a handful of the many drunk driving defenses that can help individuals reduce or eliminate their pending charges. With the help of dedicated criminal defense attorneys, many individuals are able to improve their legal positions by asserting defenses to their DUI, DWI and other drunk driving charges.

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