What is the 'necessity excuse' as it pertains to DUI?

What is the 'necessity excuse' as it pertains to DUI?

Neil Shouse (Defense Attorney) gives expert video advice on: What are common legal defenses for DUI?; What is the 'necessity excuse' as it pertains to DUI?; What is a police entrapment and can it apply to a DUI arrest? and more...

The necessity excuse in a Driving Under the Influence (DUI) context would be a situation where a person had an urgent or desperate need to drive and did not have an alternative means of transportation. For example, suppose there is a mother who is intoxicated, she's in a remote location, she has a child, the child becomes very sick or injured, needs immediate medical attention, there's no time to get an ambulance, and so she puts the child in the car and drives just to get medical attention for the child. That is drunk driving if she's impaired, but nonetheless it may be excusable based upon the necessity of the situation.