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Drunk driving is rarely wise, but sometimes it's not what the arresting officer thinks it is. If you recently received drunk driving charges, it is possible that the circumstances change the nature of the violation, justifying your state behind the wheel. An experienced attorney can help you examine the specifics of your arrest to identify any factors that may justify an affirmative defense to drunk driving.

In general, many people drive drunk as a foolish choice, but not all. It is possible that you got behind the wheel after drinking because you were fleeing danger, or because you or someone else was in desperate need of medical attention. If you or someone you know faced danger and you drove to prevent harm or seek help, a judge may be understanding.

Similarly, in some cases, you may have been legitimately over the limit, but it was either out of your control or you honestly did not realize that you had even consumed alcohol. If, for instance, you attended a party and had a drink that you did not realize was alcoholic, you could reasonably not know that you were legally intoxicated. Similarly, it is possible that you took proper precautions against drunkenness by counting your drinks and consuming water, and after doing the math of ounces of alcohol processed per hour, you believed that you were good to drive. Still, despite your careful math, you were technically over the limit.

Not all of these defenses are appropriate to every situation, but in certain circumstances they can each be effective. If you believe that your drunk driving charges are unjust because of one of these mitigating factors, do not hesitate to reach out to an experienced attorney who can help you build a strong defense while protecting your future and rights.

Source: findlaw, "Defenses to Drunk Driving," accessed May 05, 2017

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