Defending yourself against a DUI by claiming necessity

The law is quite simple in the state of Colorado when it comes to drinking and driving. If you are a driver over the age of 21 and your blood alcohol concentration (BAC) is measured at .08 percent or higher, you will be subject to a potential DUI conviction.

However, while the law is quite simple, the circumstances of drivers that are accused of violating the law rarely are. There are many potential defenses that drivers can claim in order to have DUI charges dismissed.

What is the defense of necessity in a DUI conviction?

There can be incidents in which a person who is intoxicated is forced to drive out of necessity. This could be true in a situation where a driver needs to get away from a person they are threatened by. For example, a victim of domestic abuse might find themselves in a situation where they need to drive away in order to protect their safety, even if they are under the influence of alcohol at the time.

Alternatively, a driver under the influence of alcohol may deem it necessary to drive while intoxicated in a situation when a person needs to be driven to a hospital in a matter of urgency. In certain situations, an intoxicated driver might have charges dismissed because he or she acted out of necessity.

If you believe that you had a valid reason to drive under the influence of alcohol in the state of Colorado, it is important that you take action to defend yourself. Researching your rights and the defenses available to you will help you to do this successfully.

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