In California anyway, and it isn't easy in any case. Seems this fellow was caught by his wife with another woman. With a blood alcohol of .11, he fled. The jury let him off the DUI charge since he claimed the driving was a necessity:
When a necessity defense is allowed by a trial judge, a defendant must prove that:
1. He acted in an emergency to prevent a significant bodily harm or evil to himself or someone else;
2. He had no adequate legal alternative;
3. The defendant’s driving under the influence and/or with a blood alcohol of .11/.11 did not create a greater danger than the one avoided;
4. When the defendant acted, he actually believed that the act of driving under the influence and/or with a blood alcohol of .11/.11 was necessary to prevent the threatened harm or evil;
5. A reasonable person would also have believed that driving under the influence and/or with a blood alcohol of .11/.11 was necessary under the circumstances; and
6. The defendant did not substantially contribute to the emergency.
Full story here, but behind the WSJ paywall.
