What is the 'mistake of fact' DUI defense?

What is the 'mistake of fact' DUI defense?

Neil Shouse (Defense Attorney) gives expert video advice on: What are common legal defenses for DUI?; What is the 'necessity excuse' as it pertains to DUI?; What is a police entrapment and can it apply to a DUI arrest? and more...

Mistake Of Fact', as it applies to DUI, is when a person honestly and reasonably believes that they are not intoxicated. So, for example, somebody may be given a medication that they didn't realize they were given and start to drive, and not realize that they were experiencing impairment until they are pulled over. In that case, the person was driving while impaired, but nonetheless, honestly and reasonably, was unaware of it. And in that situation, most likely, the crime would be excusable.