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Home  >  Law Library  >  The Necessity Defense in DUI Cases

The Necessity Defense in DUI Cases

A person facing a DUI case may have several legal options available to them depending on the circumstances of their situation. For instance, some people may have been compelled to drive when there was no other way to avoid harm. Known as the necessity defense, this legal defense can help individuals who were arrested for DUI when they absolutely needed to drive, even while intoxicated.

If you have been arrested and charged with DUI, and you had no choice but to drive, a skilled and experienced attorney can be of assistance. Contact the Arizona DUI lawyers of Thompson & Volquardsen, P.C., at 602-510-9999 today.

Requirements for the Necessity Defense

The necessity defense is not always applicable because a judge or jury is likely to find that an alternative to driving was both present and reasonably accessible. A committed and knowledgeable attorney can help to strengthen the arguments for a defendant’s decision to drive. The following issues can render the necessity defense ineffective:

  • There were reasonable alternatives to driving while drunk
  • A person cannot be knowingly responsible for getting into the dangerous situation
  • Someone was seriously injured due to intoxicated driving

While it is always preferable for an intoxicated individual to avoid operating a motor vehicle while impaired, the Arizona DUI lawyers of Thompson & Volquardsen, P.C., understand that there are some circumstances in which that may have been the only choice.

Contact Us

If you have been charged with DUI, you may be facing serious consequences. For vigorous and aggressive representation, contact the Arizona DUI attorneys of Thompson & Volquardsen, P.C., by calling 602-510-9999.