If an Alaska police officer takes you into custody for suspected drunk driving, the next weeks or months of your life may be quite stressful. You might have to take time off work to attend legal appointments, which can place your job at risk. If someone suffered injuries in a collision before your arrest, he or she might also file a personal injury claim against you in civil court. In either case, it’s important to explore your defense options before heading to court.
It’s likely that a plaintiff in a civil case will use the fact that you’re facing DUI charges in criminal court to help substantiate his or her civil claim. However, a plaintiff must prove that certain element existed at the time of the collision for a judge to hand down a favorable ruling. You might have several defense options available.
Did you drive out of necessity
If you’re a defendant in a DUI case, a defense option might exist if you can show evidence that you operated a motor vehicle because you had no other option. Some call this “avoiding a greater evil,” and it is often an affirmative defense strategy for people facing drunk driving charges.
Did someone force you to drive after you consumed alcohol?
Another possible defense strategy when facing DUI charges in Alaska is to convince the court that you were under duress at the time. This would mean that someone forced you to drive the car in question. If you can demonstrate that you did not want to drive but someone threatened you or forced you to do so, the court might decide to rule in your favor.
Involuntary intoxication is a legitimate defense option
If someone sneaks alcohol into your beverage at a party without your knowledge, and then you drive home and a police officer arrests you for DUI along the way, you have just cause for implementing a defense strategy known as “involuntary intoxication.” If you did not knowingly consume alcohol, this would be a viable option in your case.
Know your rights and how to protect them
While DUI criminal charges are separate from any civil lawsuit that might be filed against you after a motor vehicle collision in Alaska, in both situations, you have rights and may exercise those rights before and throughout court proceedings. It’s helpful to seek guidance and support as you prepare for proceedings in criminal or civil court because the outcome of the case can have far-reaching implications in your life.
