The ways that a criminal charge could affect your life depend on the type of crime and your record. Drunk driving, for example, is a type of offense that could result in the loss of your driving privileges, expensive fines and more. If convicted, you could face a mark on your record that may affect everything from your financial well-being to an ongoing custody case. It is critical to take an OVI in Ohio seriously, whether it is your first offense or you have previous convictions on your record.
Regardless of the accusations you are facing, you have the right to fight the charges you are up against. Effectively confronting the prosecution’s case starts with understanding the specific defense options available to you. Depending on the details of your specific case, one possible approach may include developing an affirmative defense strategy.
What is an affirmative defense?
An affirmative defense is the presentation of a set of facts, backed by evidence, that demonstrates that the evidence brought by the prosecution is inaccurate. This specific type of defense approach will not work for every situation. Examples of affirmative defense strategies include:
- Mistake of fact — This is a defense option in situations when a driver truly did not believe that he or she was impaired, such as when experiencing a medical event or the effects of a medication.
- Necessity or duress — This applies in cases in which the defendant had to drive in an intoxicated state because he or she was under duress or believed that driving was the only way to prevent additional harm.
- Involuntary intoxication — This defense strategy applies in situations when the defendant consumed alcohol without his or her knowledge or on an involuntary basis.
These are fewer common approaches to OVI defense, but they may provide you with the most practical way to fight the charges against you and seek the best possible outcome to your case.
Don’t delay in putting together your defense
You would be wise not to delay in putting together an effective defense strategy after an arrest for drunk driving. Ohio drivers may find it helpful to speak with a professional who can provide insight into how to keep their records clean and avoid certain penalties. An assessment of the specific situation may determine whether an affirmative defense strategy would be effective.