DUI INFORMATION:     A DUI Attorney's Approach

Drunk Driving is Sometimes Permissible by Richard J. Essen July 14, 2003 Every state has enacted laws prohibiting driving under the influence of alcohol or drugs (DUI / DWI). But, in many of these states, it may be lawful to drive or operate a motor vehicle while DUI / DWI. These instances are often referred to as affirmative defenses or "choice of evil" defenses. In short, they occur when a reasonable person would believe that it was less dangerous to drive while under the influence than not to do so. Illustrations of this defense are quite numerous. For example, the designated driver has a serious accident requiring emergency treatment. In some states it would not be illegal for the drunk driver to attempt to drive him to the hospital rather than let him die. In another case, a highly intoxicated passenger slid behind the wheel of his car on a busy highway after the designated driver got angry and bolted from the car. It was deemed more dangerous to permit the car to remain in the roadway where it could cause a serious collision than for the impaired driver to pull the vehicle off the road. In one case, a married couple had stayed home and both got drunk. Suddenly, the husband became quite violent and attempted to seriously injure or kill his wife. She ran to the car and managed to drive off immediately before being stopped for DUI / DWI. The court agreed that the danger to her far outweighed the danger to the community, justifying her driving under the influence. The cases in this area are many and varied. They each involve elements that must be carefully analyzed within the parameters of existing state law. But, the defenses are important, useful and reasonable. << Back to DUI Defenses

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