When someone has been arrested for drunk driving, mounting a strong criminal defense can make a huge difference in reducing any potential penalties. One thing a DWI attorney will sometimes look at is the “choice of evils doctrine.” Understanding how this criminal defense term may or may not affect your circumstances could have a major impact on your case.

What Is the ‘Choice of Evils Doctrine’?

The Choice of Evils Doctrine is used to justify an otherwise unlawful action taken by Defendant. Under this defense, it is argued Defendant’s actions were undertaken to prevent commission of a more serious crime or harm. Because of this, Defendant’s actions are legally excused. 

This defense is typically used in situations where Defendant did not cause actual harm. However, this can be used as a defense if Defendant reasonably believed their actions were in their own or someone else’s best interests under the circumstances, even if they were legally wrong. A jury decides if the circumstances surrounding Defendant’s criminal act justified his/her actions.

Could You Use This as a Drunk Driving Defense?

In terms of drunk driving charges, an example of when the Choice of Evils Doctrine might apply would be when someone who had been drinking chose to drive to prevent a friend, who was even more intoxicated, from getting behind the wheel.

However, there must be no other choice, such as for example, calling a cab or getting a ride with someone else. Another example is driving while intoxicated to avoid becoming involved in an altercation or fight, or to escape domestic violence. Again, there must be no other choice but to drive. In the domestic violence example, a fleeing abuse victim must be in danger of physical harm with no other recourse, such as calling a neighbor or police. It must clearly be a last resort.

If you need help mounting a criminal defense for your case, contact Thomas A. Corletta, Attorney & Counselor at Law in Rochester, NY. With nearly 40 years of legal experience, this lawyer works directly on your case, ensuring you get a careful examination of all your legal options to get the best possible result. He does not delegate cases, and works directly with all clients. To learn more about his practice areas or to schedule a consultation, visit him online or call (585) 546-5072.