Affirmative Defense: A Guide to Affirmative DWI Defense

Automatism Defense

Using Automatism and Involuntary Intoxication Defense in DWI Cases

Coercion-Duress Defense

Duress Defense
in the DWI Context

Entrapment Defense

Utilizing the Entrapment Defense for Successful DWI Defense

Necessity Defense

The Necessity Defense in the Context of Driving While Impaired

Automatism Defense

Using Automatism and Involuntary Intoxication Defense in DWI Cases

It’s not often that you’ll get a chance in court to use either the automatism defense or the involuntary intoxication defense.

This means it’s easy to forget the details of each defense! (Did you remember that you only have to prove them to the jury’s satisfaction, rather than beyond reasonable doubt?)

In this chapter, we’ll review each defense in detail.

Coercion-Duress Defense

Duress Defense in the DWI Context

Another, more frequent affirmative defense against a DWI charge is the duress defense, also known as the defense of coercion. A defendant may have been forced to drive while under the influence, as for example when escaping from an assailant.

If your client finds himself in such a situation, use this chapter for a thorough overview of this defense and how to present it.

Entrapment Defense

Utilizing the Entrapment Defense for Successful DWI Defense

If a defendant can show that he committed a DWI at the urging of a government official, then he can successfully employ an entrapment defense.

This chapter reviews the two elements that must be present for a successful entrapment defense, but also discusses significant court cases that have defined how this defense can or can’t be argued successfully.

Necessity Defense

The Necessity Defense in the Context of Driving While Impaired

In our final chapter, we discuss the affirmative defense known as the necessity defense. This can be employed when the crime committed was in fact the most reasonable available action to avoid death or serious damage to person.

Clearly, it is important to understand the defense’s legal context and background to understand when and how it should be argued.

James Minick is founder and C.E.O. of Minick Law, P.C. James is committed to providing top notch legal services through his team of highly specialized legal professionals. James will defend your rights.

Share This

Share this post with your friends!