DUI Defense: You Can Drive Drunk When It’s Necessary

Law Offices of EJ Stopyro
Orange County DUI Lawyer
DUI Attorneys in Orange County

Everybody knows the evils of driving under the influence of alcohol or drugs in Orange County. And the harsh punishments handed down by the Orange County courts in DUI court proceedings are common knowledge. But what if you are in a situation where driving drunk might actually be a good idea since it is the only real alternative you have? Will you still be arrested and convicted of a DUI in Orange County even in those circumstances? Well, the law may be blind but it aint stupid. And when circumstances make it necessary for you to drive, even though your blood-alcohol may be over the .08% as measured by a blood test or a breath test, the law DOES take that into account. If your OrangeCounty DUI attorney can present a compelling argument why driving was necessary you could be acquitted altogether.

California Criminal Jury Instruction Calcrim 3403 states that a defendant charged with an Orange County DUI is NOT GUILTY if the defendant acted because of a “legal necessity”. In order to prove a legal necessity your DUI Lawyer inOrange County must show: 1) that you drove in an emergency situation to prevent further significant harm; 2) that you had no other alternative but to drive while intoxicated in Orange County; 3) that your drunk driving didn’t create an even greater danger than the one you drove to avoid; 4) that when you drove drunk you believed you were doing it to avoid a greater danger; 5) a reasonable person would have believed that driving drunk in Orange County was necessary under the circumstances; and 6) that driving drunk in Orange County didn’t make the emergency worse.

Necessity can be a complete defense to an Orange County DUI in court. However, the defense of necessity is NOT available at the DMV hearing and will not save you from a DMV license suspension. If you’ve been charged with a DUI in Orange County it is important that you consult with an OrangeCounty DUI attorney. Call the Law Offices of EJ Stopyro at (949) 559-5500 to consult with an experienced Orange County drug DUI lawyer today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro
DUI Lawyers in Orange County
Orange County DUI Attorney