If you are charged with driving under the influence, it does not mean the court will necessarily convict you of the crime. You have the right to prove your innocence, and there are many defenses you can use to do so in North Carolina.
Here are five affirmative defenses to driving under the influence charges. You may find that one or more of these is perfect for your situation:
-- Duress. This is used when a defendant drove his or her vehicle under the influence in an attempt to avoid serious injury. For example, maybe you were threatened by somebody else to drive the person, despite your condition.
-- Necessity. While not common, there may be times that a person must drive in an attempt to avoid a greater evil. In this case, you need to prove that driving under the influence prevented a greater evil, such as serious injury or death.
-- Entrapment. This is when a police officer requires that a person drives under the influence.
-- Involuntary intoxication. If a person drinks alcohol without one's knowledge.
-- Mistake of fact. A strategy used in which the person honestly believes that he or she was not intoxicated while driving.
These affirmative defenses to DUI charges may be just what you need in order to put yourself in better position. As somebody charged with this crime, you need to consider each and every defense strategy. This is the only way to ensure that you implement the one with the best chance of helping you avoid a conviction. And as you know, there is nothing more important than that.
Source: FindLaw, "Defenses to Drunk Driving," accessed Jan. 25, 2016