holding that the defense of duress/necessity is available to a defendant charged with DUI

reversing trial court's refusal to give instruction on defense of necessity to a defendant charged with driving under the influence where he did so to prevent imminent harm to a third party

dealing with case of drunken driving

In People v. Pena (1983) 149 Cal.App.3d Supp. 14 [197 Cal.Rptr. 264], the court discussed the defense of necessity as it applied outside a prison escape setting.

In Pena, the defendant contended he followed a deputy sheriff who had removed his 20-year-old scantily-clad girlfriend from his car in the nighttime after finding the two sleeping at the side of the road, because the deputy's activities during a "weapons search" of the girl while closely examining her "see through" teddy pajamas, led him to fear she might be in danger.