I am awaiting trial for a DUI. My defense is that I did not intend to drive but was forced to do because I was being asaulted by several men. I sustained a broken nose and other bruises. It could have been worse had I not managed to get into my truck and drive away (.I was pulled over immediatly upon my getaway) My question is, Do I have a right to break the dui law in order to prevent injury or death to myself and to my wife who was with me at the time? I live in California.
2 Answers from Attorneys
Yes. It is called a "necessity" defense. It is normally a tough sell in a DUI case, but you have your bruises and your wife as a witness, best of luck.
In some situations, maybe. You have a right to flee, but the questions will be, how far did you drive, what did you tell the police, why didnt your wife drive, etc. I have used this defense in one case where the woman and her kids were being assaulted, but it was very difficult to prove and needs to be well planned in advance of the trial.