There is a DUI Necessity Defense making driving under the influence legal if there is a “Necessity” to drive under the circumstances to prevent significant bodily injury or evil to youself or others. It is a valid defense to Driving Under the Influence and related sections and many other charges. This defense must be looked at against the requirements of the Jury Instructions which define the “Necessity Defense”.
According to the California Criminal Jury Instructions, it is legal to Drive Under the Influence if you “acted in an emergency to prevent significant bodily harm or evil” to yourself or others, provided there is “no adequate legal alternative.” “The Defendants acts did not create a greater danger than the one avoided.” Additionally “when the defendant acted, he/she actually believed that the act was necessary to prevent the threatened harm or evil” and a reasonable person would have believed that the act was necessary under the circumstances.” Also, “the Defendant did not substantially contribute to the emergency.”
If you are charged with a DUI, it can be very important to review your case with an experienced DUI attorney concerning defenses which may include DUI necessity defense as well as other issues concerning the initial contact, detention and testing. Many times there are factors concerning the case and the defendant which could lead to possible dismissal, lesser charges or lesser penalties. Christoph Law Offices have been the highest quality personal and professional DUI defense for over 36 years across from the Vista Courts. Call Nicholas or William Christoph at 760-941-5720 for a free initial consultation.