Mental illness is a very real and serious thing, and it can absolutely get you out of a DUI. If you can show that your mental illness caused you to act in a way that led to your DUI, then you may be able to get your charges dropped or reduced. This is because mental illness can impair your judgment, and it may be deemed that you were not in the right state of mind to be driving when you got behind the wheel.
To successfully use mental illness as a defense, you will need to have a diagnosis from a qualified mental health professional. You will also need to show how your mental illness led to the DUI. For example, if you suffer from anxiety, you may have been feeling particularly anxious the day of your DUI and made the decision to drink in order to calm yourself down. If you are able to show that your mental illness was a factor in your DUI, then you may be able to get a lighter punishment or have your charges dropped altogether.
If you are facing a DUI charge and think that mental illness may be a factor, be sure to talk to a qualified attorney who can help you build a strong defense.
Frequently Asked Questions
Can my DUI get throw out if I’m guilty?
Yes, depending on the state. It generally requires a lot of procedural steps to be followed in order for your DUI to be valid or even recognized. In some states, police misconduct can affect the DUI’s validity and conviction. If any of these steps are not followed correctly, your DUI could be thrown out.
Can police misconduct get you Out of a DUI charge?
In some cases, it can. Police misconduct can include false arrests, coerced testimony, and depriving a person of their constitutional rights. If you can prove that police misconduct occurred during your DUI arrest or while you were in police custody, it may be enough to get the charge dismissed. However, this is tough to do and requires a lot of evidence. You should speak with an attorney if you are suspects of any police misconduct.
Can I have my criminal charges dismissed due to depression?
Yes, if you have been diagnosed with a mental condition like depression, some criminal charges against you may be dismissed under a Section 32 order.
What happens if you are charged with a DUI or DWI?
If you arecharged with a DUI or DWI, your first step should be to consult with an attorney. An attorney can help you understand the charges against you and helpyou build a defense. Depending on the facts of your case, an attorney may be able to negotiate with the prosecutor or go to trial.
Can my DUI case be throw out before trial?
Yes. If your attorney has evidence that there was not a valid reason for the stop, your DUI case may be thrown out before it goes to trial. Additionally, if you're caught driving under the influence of drugs or alcohol after having been previously convicted of DUI, your case may also be automatically dismissed.
