Hoagland v. State

OPINION

By the Court,

Hardesty, J.:

In this appeal, we consider whether necessity may be asserted as a defense to a charge of driving a vehicle while under the influence of intoxicating liquor (DUI). Because necessity is a common law defense and the Legislature has not limited its use, we conclude that necessity is available as a defense to a charge of DUI. However, we conclude that the district court did not commit error in this case by refusing to instruct the jury on necessity because appellant Richard Hoagland’s offer of proof was insufficient as a matter of law to satisfy an element of the…