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Affirmative Defense in Washington

A person facing DUI charges has many options for defending himself or herself against these accusations. Sometimes, a person may choose to use an affirmative defense against the prosecution in a few specific instances. An affirmative defense essentially provides an excuse for why that individual cannot be found criminally guilty. These defenses are difficult to adequately argue, but may provide an individual with dismissed charges if successful.

At Cowan Kirk, we understand what it takes to defend the rights of those who have been charged with driving under the influence. To learn more about your defense rights and options, contact the Seattle DUI attorneys of the Cowan Kirk Law Firm by calling 866-822-1230 today.

Available Defenses to DUI Charges

DUI laws in Washington are particularly stringent, as are most intoxication statutes in the United States. These laws provide few chances for affirmative defense. However, there are some available defenses for defendants who have a legitimate excuse for receiving a DUI charge. These defenses include the following:

  • Alcoholism or substance addiction
  • Lack of physical control over the vehicle due to other factors
  • Intoxication after operation but before BAC testing

A person offering an affirmative defense takes the burden of proof away from the prosecution. The defense must prove a reason why the accused individual cannot be guilty of the crime. Unfortunately, this can sometimes be more difficult than a regular defense.

Contact Us

If you have been charged with DUI, the consequences can prove particularly severe. To discuss your defense options with an experienced legal advisor, contact the Seattle DUI defense lawyers of Cowan Kirk at 866-822-1230 today.

Cowan Kirk Kattenhorn

Cowan Kirk is known throughout Washington and the nation for representing all of its clients with commitment, creativity and compassion. We recognize how devastating a DUI charge can be, particularly when our clients learn how incredibly tough Washington's DUI laws have become, even for a first-time offender.

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If you need a DUI defense attorney in Seattle, Bellevue, or King County, contact us today to find out why respect for our clients, a passion for justice, and our commitment to winning have earned each of us the highest honor a member of the bar can receive from our colleagues – their referrals.