Driving can often help individuals get out of situations that may present safety issues. However, if you have consumed alcohol, you may question whether you should get behind the wheel due to the potential legal consequences of such action, even if you feel unsafe. In some cases, you may believe that you have no other choice than to drive after consuming alcohol.
Unfortunately, even if you felt you needed to get behind the wheel in order to get yourself to safety, you could still end up stopped by a police officer and charged with DUI. You may feel dismayed and want to explain yourself, and fortunately, you could get the chance to do so if you wish to present a criminal defense to the charges leveled against you as your case moves through legal proceedings.
Should you admit to drinking?
In some cases, a person may take an affirmative approach when it comes to defending against DUI charges. This action means that you could admit to drinking before getting behind the wheel but also explain why driving was necessary. Some forms of affirmative defense include:
- You had to drive out of necessity. You may have had no other choice than to get behind the wheel in order to avoid a situation that could have caused you or someone else considerable harm. However, you must provide evidence that no other option was available.
- You acted out of duress. Someone else could have threatened you with harm if you did not drive, or someone could have otherwise forced you to get behind the wheel.
- You genuinely believed that you were not impaired.
- You became drunk involuntarily. This type of situation could occur if someone spikes your drink or drugs you without your knowledge. This defense avenue could tie in with your belief that you were not impaired.
Of course, you may feel that admitting to consuming alcohol could damage your chances of avoiding a conviction. If so, you do have other options that you could explore for challenging the charges.
Finding the best defense for your circumstances
Because each case is different, you could find it useful to assess the particular factors of your situation and determine what defensive routes could work in your best interests. In order to fully understand your options, you may wish to obtain information from reliable Wisconsin legal resources.