Facing a DWI charge can feel overwhelming, but understanding your legal options can make all the difference. One powerful defense often overlooked in DWI cases is the necessity defense. This defense allows individuals to argue that their unlawful actions, such as driving while intoxicated, were justified under extreme circumstances. As one of the leading law firms in Galveston, we’ve seen how crucial the necessity defense can be in helping clients avoid conviction, especially when circumstances forced them to act in ways they otherwise wouldn’t have.
What is the Necessity Defense in Texas?
In Texas, the necessity defense is defined under Section 9.22 of the Texas Penal Code, which states that a defendant may be justified in their actions if:
- The defendant reasonably believes their actions are immediately necessary to avoid imminent harm.
- The harm the defendant seeks to avoid outweighs the harm prevented by the law that they are violating (in this case, the law prohibiting driving while intoxicated).
- There is no legal alternative to breaking the law in that moment.
This means that while DWI is illegal, the necessity defense allows for situations where someone had no reasonable alternative and had to act to prevent greater harm.
The Necessity Jury Instruction in Texas
When a defendant argues a necessity defense, the jury will receive specific instructions outlining how to consider the argument. The standard Texas necessity jury instruction reads as follows:
"You are instructed that under our law, a person’s conduct is justified by necessity if: (1) the person reasonably believes the conduct is immediately necessary to avoid imminent harm; (2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and (3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear."
This instruction gives the jury the chance to evaluate whether your decision to drive while intoxicated was a reasonable response to an emergency situation.
Real-Life Examples of the Necessity Defense in DWI Cases
When people think of a DWI charge, they often picture someone driving recklessly while under the influence. However, not every situation is that straightforward. In some cases, individuals may find themselves in circumstances where driving while intoxicated was their only option to prevent an even greater harm. This is where the necessity defense can be crucial. Below are real-life examples where this defense has been used to argue that driving while intoxicated was justified due to the specific circumstances of the case.
Maciel v. State: A Case of Necessity in Action
In Maciel v. State, the defendant was arrested for driving while intoxicated after she moved her vehicle a short distance to prevent a dangerous situation. Her designated driver had suddenly become incapacitated, leaving the vehicle in the middle of the road, creating a serious risk to oncoming traffic. Despite being intoxicated, the defendant made a quick decision to drive the car to a safer location, prioritizing the prevention of a potential traffic accident.
The trial court originally denied the defendant’s request to use the necessity defense, but the Texas Court of Criminal Appeals eventually ruled in her favor, concluding that the jury should have been allowed to consider whether her decision to drive was justified under the circumstances. This case demonstrates how the necessity defense can apply when leaving a vehicle in place would have led to more imminent danger than the act of driving while intoxicated.
Medical Emergencies and the Necessity Defense
Imagine a situation where someone is having a medical emergency, such as a heart attack or severe allergic reaction, and needs to get to the hospital immediately. If the only person available to drive them has been drinking, the decision to drive may be deemed necessary to avoid a potentially life-threatening situation.
For example, if someone is in a rural area with no access to rideshare services, public transportation, or other help, and calling an ambulance would take too long, driving while intoxicated might be considered the only viable solution. In such cases, the necessity defense could apply because the harm of delaying medical care clearly outweighs the harm of violating DWI laws.
Fleeing from Immediate Danger
Another real-world example of the necessity defense in action might involve a person fleeing from an immediate threat, such as domestic violence or a dangerous altercation. Imagine someone has been drinking at home and suddenly finds themselves in a situation where they need to escape a violent or dangerous individual. If they have no other means of leaving the area and driving is the only option to avoid harm, the necessity defense could potentially justify their actions.
In such cases, the defense would argue that the driver’s intoxicated state was secondary to the urgency of removing themselves from a dangerous situation. The threat of imminent harm (such as physical violence) outweighs the legal consequences of driving under the influence.
Extreme Weather Conditions
Driving while intoxicated can also be justified if extreme weather conditions make it dangerous to remain in place. For instance, if someone is in a car and a sudden snowstorm or flooding occurs, staying put might result in hypothermia, flooding, or being stranded in life-threatening conditions.
If the driver has been drinking but must move the vehicle to a safer location to avoid these risks, the necessity defense might apply. In this scenario, the threat posed by the weather conditions outweighs the harm of violating DWI laws, especially if no other reasonable options were available at the time.
Why You Need the Best Law Firm in Galveston and a DWI Super Lawyer to Use the Necessity Defense
If you’ve been arrested for DWI and believe the necessity defense applies to your case, it’s crucial to have an experienced DWI lawyer on your side. The law around necessity can be complex, and proving that your actions were justified requires skillful legal representation. As one of the best law firms in Galveston with a DWI Super Lawyer, we have a deep understanding of how to effectively use this defense to protect your rights.
Conclusion
If you’re facing a DWI charge under unusual circumstances, the necessity defense might be the solution to avoiding a conviction. Each case is unique, and having an experienced attorney to guide you through the process can make all the difference. Reach out today to discuss how this defense could apply to your case.
Need a Defense Strategy That Works?
If you’re facing a DWI charge and believe you had no choice but to drive, the necessity defense could be your best option. At Zendeh Del & Associates, we are home to a DWI Super Lawyer and the best law firm in Galveston, ready to build a strong defense and protect your rights. Contact us today for a consultation and find out how we can help you fight for your future! Call 24/7 @ 409-740-1111.