Defenses to DUI

Different atypical defenses for your Florida DUI Case

There are several possible defenses to DUI that we may raise in your DUI case.  The issues on motions to suppress and traditional defenses to dui cases are here.

Here are a few atypical defenses to Florida DUI cases:

Necessity:

Example-a defendant may feel that there are compelling circumstances that require driving. For example, the defendant may be faced with a medical emergency without access to help or time to secure it.

Insanity:

if alcoholism caused a “a fixed and settled frenzy or insanity either permanent or intermittent.” This is extremely rare in DUI cases.

Involuntary Intoxication:

Say for instance that you were driving impaired under the influence of a certain prescription that you did not know would cause your impairment or you mistakenly took the wrong medicine or dosage, this defense could apply. I represented Christopher Grube, a Palm Beach county sheriff’s deputy in a DUI accident case. He wrecked his patrol car at I-95 and 45th Street. Our defense was involuntary intoxication. He accidentally took and Ambien CR along with alcohol, which caused him to become extremely impaired. The jury found him not guilty.

Intervening Causes:

Some DUI charges involve accidents that cause damage or loss. These include DUI Manslaughter, DUI involving an accident resulting in bodily injury, and DUI involving an accident resulting in property damage. For DUI manslaughter, the State has to prove that you caused or contributed to the death of another person. For example, the defendant may claim that something intervened between the defendant’s driving and the damage or loss that actually caused and/or contributed to the damage or loss.

Every case is different. You may or may not have valid defenses to your particular DUI.  One thing is for sure.  You lawyer can’t fight for an issue he doesn’t spot.

-Grey