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Entrapment, duress and other commonly used DUI defenses

On Behalf of | Jan 3, 2020 | Drunk Driving-DUI Charges

Well over 1 million people were detained across the United States in 2018 on suspicion of driving under the influence. These charges often have serious consequences to those who are convicted. Different defenses for drunk driving may result in the charges being reduced or dropped by an Illinois judge.

The most commonly used drunk driving defense is demonstrating that the police officer violated the motorist’s constitutional rights during the investigation. This may include determining if there was sufficient reasonable suspicion to make the traffic stop itself, looking into whether Miranda rights were read during the detainment, and the legality of the method used to determine an individual’s BAC level. Some of these violations may result in the case being dismissed as there may not be enough evidence for a conviction.

Some people may choose to drive after drinking alcohol they were forced to do so. This defense, known as duress, may help those who have been detained. Additional defenses for DUI include being forced to drink and drive by an officer of the law, not realizing that alcohol had been consumed before driving (involuntary intoxication), and being under the belief that they are not drunk (mistake of fact).

People who are convicted of driving under the influence of alcohol may be subject to heavy fines, lengthy periods of incarceration, and the suspension or revocation of their driving privileges. As a result, those who find themselves in this type of a situation might find it advisable to meet with an experienced criminal defense attorney as soon as possible so that a strategy to counter the allegations can be constructed.