Although a rare defense in the context of a DUI, the attorneys at Finebloom and Haenel have successfully argued the defense of necessity in DUI cases. The necessity defense is used to prove that the actions taken by the intoxicated driver were necessary to prevent a greater harm. Necessity is an affirmative defense requiring the driver, through our skilled attorneys, to introduce evidence demonstrating that the danger of driving under the influence was outweighed by the impending harm the driver sought to avoid. The evidence will need to further demonstrate that there was no reasonable alternative to avoid the impending harm and that the driver stopped the vehicle once the danger had passed.

Our experienced attorneys were successful in presenting the necessity defense on a DUI case involving a client attempting to avoid a potentially fatal confrontation created by an enraged driver. If you are facing a DUI in Clearwater and believe that you were driving out of necessity, call our office at 727-222-3610 to start your defense today.