Necessity is a specialized DUI defense, although very rare. Essentially, the argument is that someone, knowing that they are intoxicated, has no real choice but to drive. An example of a possible necessity case might be where two people are hunting and neither has a cell phone. Both have been drinking, and one of the people accidentally gets shot while getting out of a tree stand. The nearest phone is a couple of miles away down the road. The only real choice is to drive to try to save the other person's life.

Necessity will not include things like "I had to get home or I would get into trouble." Given the prevalence of cell phones today, necessity likely will not be available as a defense if someone is hurt and an ambulance can be called.

An unusual DUI case in Cumberland County, PA, in 2005 occurred when a driver (sober) was eating a sandwich. The driver used both hands to eat the sandwich, and the passenger (intoxicated) grabbed the steering wheel for a second. When the passenger grabbed the wheel, the car swerved, and the vehicle was pulled over by a policeman for the erratic movement. The story was related to the police and the passenger was charged with DUI for operating the vehicle while over the legal limit. Necessity in that would have been a possible defense, so long as the driver didn't say something like "Hey -- I have to take a bite of my sandwich -- grab the wheel for a minute."

Necessity is a very limited defense, especially with the advent of cell phones. To discuss whether you may have a defense to a DUI charge based on necessity or another defense, you should call attorney Joseph N. Gothie, Esq., at (717) 848-8455 to set up a free, confidential, no-risk consultation to discuss your case.

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