Washington, D.C. criminal defense lawyer Nabeel Kibria discusses the possible defenses that might be raised in a Washington, D.C. DUI cases. He mentions that there are many possible defenses that can be raised in a DUI case. One defense is that although a client may have consumed alcohol or drugs prior to being stopped or arrested, that does not automatically mean they were under the influence at the time of driving. Simply ingesting alcohol or drugs is not the same as being impaired.
He adds that involuntary intoxication is also a recognized defense, though rare. In situations where it does occur, it can be a strong argument. Another defense may involve the lack of observed driving behavior. For example, if officers came upon someone after an accident or found them passed out in a parked car, that alone does not prove the person was driving under the influence. He emphasizes that being found in a vehicle while impaired is not enough; there must be evidence that the person was actually driving in a manner affected by drugs or alcohol.
