An arrest for DUI can be a life-altering event. In many cases, defendants may find themselves facing the suspension of their license, fines, and even jail time. Here, at The Law Offices of Benjamin Nadig, we rely on our extensive knowledge of Nevada State Law to offer you the best defense against a pending DUI charge.

There are unique circumstances where a defendant in a DUI case may argue “necessity” in their defense. This line of defense does not contend the defendant was driving under the influence; rather, it argues there was an emergency situation where the defendant had no choice but to operate a motor vehicle out of necessity.

Here are three examples of the “Necessity” defense that have been used in Nevada:

Driving a Dying Person to the Hospital

There is a narrow set of circumstances where a defendant can argue that they had to drive a dying person to the hospital. The defendant would have to demonstrate to the court that had they not driven to the hospital, their passenger would have died.

It is important to note that the defendant did not contribute to the medical state of their passenger. An example being, if the passenger were injured in a car accident caused by the defendant, the “necessity” defense would not be applicable. Yet, if the passenger was dying due to circumstances not caused by the defendant, there was no other individual to drive them to the hospital, and 911 was not responsive when contacted, the defendant may be able to use the necessity defense.

Fleeing Someone Trying to Harm Them

Once again, the defendant would have to prove that they were fleeing someone who had the intent to injure or kill them and had no other means of escape. The defendant would need to prove to the Court that their situation was dire, and without escaping the situation in a motor vehicle even though they were intoxicated, they would have been hurt or even killed.

Fleeing a Fire, Flood, or other Natural Disaster

The defendant would have to show that they were fleeing a life-threatening situation, and there were no other means of escape available to them. The problem would have to be very serious, such as a severe flood, fire, or another form of natural disaster that would cause immediate harm to the defendant. 

Is the Necessity Defense Right for You?

The necessity defense may excuse a DUI only if specific criteria are met. The laws in the State of Nevada are vague when it comes to what the defendant might have to show to get a DUI dismissed under the necessity defense, but the Nevada Supreme Court has detailed one aspect of the defense. They have indicated that a DUI defendant can not substantially contribute to the emergency situation, which caused them to drive intoxicated.

Facing a License Suspension, Fines, or Jail Time for DUI?

If you have been arrested for DUI in Las Vegas and need legal advice, please contact The Law Offices of Benjamin Nadig. We are a practice dedicated to protecting the rights of Nevada citizens, and we will explore all options that are available to you. For your free initial consultation, contact us today.

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Tina LeBoeuf
May 26, 2024
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He's a great lawyer. Very up front with you . He has awesome P.I. They are a great team . Highly recommend This lawyer.
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Slick Gilligan
January 21, 2024
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Benjamin Nadig is my son's attorney and he seems to be doing a great job for my son
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Jacqueline villeda
April 7, 2023
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Attorney Nadig and his staff are very knowledgeable and compassionate. They specialize in personal injury and also criminal law. Mr. Nadig is used to going to court and fight for people's rights on a everyday basis. He has no problem filing law suits and going after insurance companies. They guide you through the process of your auto accident step by step, they basically hold you by the hand so you can understand the process. I highly recommend Benjamin Nadig Law Firm.
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Sage Lopez
April 7, 2023
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I would 100% trust Ben! He represented me a few years ago and made everything go away! Ben is very good at his job. He is also very busy but he will take care of you! Would highly recommend!
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Cecilia Enriquez
April 7, 2023
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Ben represented me for an accident that I was involved in about a year ago. He did an excellent job and got me the top settlement of $100k! I highly recommend hiring The Law Office if Benjamin Nadig
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Yasmine Amouri
April 6, 2023
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I am a client with attorney Benjamin and I have got to say he is one of the best attorneys I have ever dealt with . He answers all my questions and deals with my concerns as if I was family to him very impressive I always recommend him to my friends and family My injury case took no longer than 6 months and was settled by then thank you !!
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William Rodriguez
April 6, 2023
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I went to Mr. Nadig's office after a couple of friends recommended him, I know of friends that have had awful experiences with other attorney's after having an accident, I'm just very happy to say, they were everything I expected and much more, they answered all my questions and took care of everything with my vehicle, tow truck, etc. The people in his office were so nice! Got my settlement check and all I can say is thank you Mr. Nadig!
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228 S. 4th St., Third Floor, Las Vegas, NV 89101
Mon - Fri: 8.30 am - 5.00 pm
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Ben Nadig {2025}. All Rights Reserved.

Ben Nadig {2024}. All Rights Reserved.