Law Office of Ronald A. Cabanayan
Law Office ofRonald A. Cabanayan

DUI ~ Criminal Defense ~ Immigration/Naturalization

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Should you affirm you were drinking as part of your DUI defense?

When most people are pulled over by a police officer, they tend to worry immediately. Even if the officer just issues a ticket, it could mean fines or other penalties, which are annoying in the least. Of course, an officer could also suspect that you are driving under the influence of alcohol, and your situation could become more complicated.

Facing a DUI charge can also come with penalties that you undoubtedly want to avoid. Fortunately, if an officer takes you into custody and formal charges result, you have the right to create and present a criminal defense to the allegations.

What are your options?

The exact information you could use as part of your defense will depend on the circumstances of your situation. Though most people may think that a defense will involve denying that any wrongdoing occurred, there are options for creating affirmative defenses. These defenses do not necessarily mean that you plead guilty to a DUI charge, but they do involve you affirming the fact that you may have been intoxicated.

Some affirmative defense options include the following:

  • Duress: If you found yourself in a dangerous situation after consuming alcohol, you may have had to drive your vehicle in order to get to avoid suffering serious harm.
  • Involuntary intoxication: It is not unusual for others to spike drinks without the consumers' knowledge. As a result, you could end up intoxicated without even knowing that you were consuming alcohol.
  • Necessity: This defense is similar to driving under duress in that you believe that it was necessary to drive in order to avoid a more dangerous situation.
  • Mistake of fact: You may have genuinely believed that you were not intoxicated when you got behind the wheel.

Other types of affirmative defense options also exist, and even if none of these apply to your situation, you may want to explore this type of defense further.

Finding the best route

When it comes to exploring your criminal defense options for DUI, it is important to thoroughly assess the details of the traffic stop and surrounding events that led to your arrest. Discussing these details with a California defense attorney could help you determine what your best route could be for fighting against the allegations. Each case is different, and you should feel comfortable with the strategies you choose to use when creating your defense.

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Law Office ofRonald A. Cabanayan

31 N. 2nd Street
Suite 321
San Jose, CA 95113

Phone: 408-758-5673
Fax: 408-409-2547
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