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Affirmative defenses to a DUI charge

On Behalf of | Mar 19, 2024 | Drunk Driving, Dui |

Getting charged with driving under the influence (DUI) in Nebraska can be a serious matter, but there are certain defenses that can be used in court. Some of them are known as affirmative defenses. An affirmative defense is when the defendant provides evidence that, if found to be true, can reduce their liability or establish innocence regarding the charges against them. Here are some common affirmative defenses to a DUI charge.


The necessity defense to a DUI charge is used when the defendant argues that they had to drive to prevent a greater evil. For example, someone is driving to escape immediate danger. This defense requires proof that there was no other option available and that the danger that was avoided was more serious than the danger created by driving.


Duress involves situations where the defendant was forced to drive under the threat of serious harm or death. This could be used if someone were coerced into driving by someone else threatening them. Like necessity, it must be proven that there was no reasonable way to avoid driving.

Mistake of fact

This defense is used when a person genuinely believed they were not under the influence. An example might be someone who unknowingly consumed a spiked drink. The defendant must show that their mistaken belief was reasonable under the circumstances.

These defenses to a DUI charge are not applicable in all situations and require substantial evidence to be considered valid in court. If facing a DUI charge, it is critical that you take every measure to prepare.