Always Hire An Attorney When Facing DUI Charges
Necessity defense on a DUI case is very rare. I have no had a case where the facts called for such a defense, but it does happen. This defense is an exception and not a rule. When this defense is used, it means that the defendant is not disputing the fact that they were above the legal limit and driving an automobile. The defensive argument is that given the circumstances the defendant had to drive the vehicle.
So when it is ok for someone to have a blood alcohol level about the legal limit and drive? Is there clear legal reasons that would allow someone to drive under the influence of alcohol? Here are the elements required to raise a successful necessity dui defense.
1.) The defendant was the subject of threatening conduct. For example, they believed if they were not driving, at that moment under the influence, they would either be killed or suffer serious bodily harm.
2.) The conduct in fact caused such fear of death or serious bodily harm in the mind of the defendant;
3.) The fear or duress was operating upon the mind of the defendant at the time of the alleged act;
4.) The defendant committed the act to avoid the threatened harm; and
5.) The defendant could not avoid the perceived harm in some other reasonable way than by committing the act.
These elements were found in People v Lemons, 454 Mich. 234, 246-47 (1997).
These elements in Lemons did not deal with a case of drunk driving. Under current Michigan law, there is no precedent set regarding necessity defense and driving drunk. However, I am aware of the necessity defense being raised in Michigan courtrooms.
Alaska does have solid precedent for the necessity defense which is based in common law. However, this common law defense is not allowed to be raised when the legislative branch has excluded the use of this defense. Any defendant that plans on arguing this defense can expect the county prosecutor to argue that Michigan law has excluded the use of this defense.
The biggest obstacles for winning in court with this defense are: Did the defendant actually face harm and did the defendant only do what was necessary to avoid being killed or suffering great bodily harm?
If you have any questions about necessity defense, call me now at 616-438-6719. The call is always free and I will be happy to talk to you. Call me now!