One of the great things about the American justice system (in theory) is that the circumstances of criminal acts are taken into consideration when determining if someone is guilty of a crime. These circumstances are known as defenses, and today we will determine if an emergency situation is a viable defense for a driving under the influence (DUI) charge.
Is an Emergency a Defense?
In short, the answer is yes, an emergency could be a viable DUI defense depending on the circumstances of the case. However, one should never assume that an emergency will make a DUI charge go away. There are two types of emergency-based defenses: justification and duress.
Justification DUI Defense
An experienced criminal defense attorney could argue that someone’s DUI charge was justifiable given the circumstances of the case. For example, assume that someone is injured in a rural area and there is no access to a cellphone. As help is not a phone call away, the friend of the injured is forced to DUI to ensure the friend’s safety.
In this scenario, it could be argued that the DUI was justifiable given the circumstances of the case. However, justification isn’t the only emergency defense possible.
Duress DUI Defense
A duress defense is a scenario where someone argues that a DUI was necessary to avoid a dangerous or violent situation. For example, the accused could argue that he or she fleeing from an attacker or from a natural disaster, and this fact could result in a DUI charge getting dismissed.
Have You Been Accused of a DUI?
Nothing’s guaranteed in regards to criminal defense, which is why you want experienced representation on your side. The Toney Law Firm is a reputable criminal defense firm that knows how to get results. If you’re ready for representation that doesn’t quit, give us a call.
Call (888) 473-4058 now for a free consultation for your case.