Can You Use Involuntary Intoxication As a Defense to a DUI?

Involuntary intoxication is a rarely used defense in DUI cases

Can You Use Involuntary Intoxication As a Defense to a DUI?

For many California criminal offenses, “intent” is part of the crime. In other words, to be convicted of these so-called “intent crimes,” you must have intended to do them. These crimes often have terms in them such as “knowingly” or “willingly.” It follows, then, that if you were not conscious of your actions, you cannot be found guilty of a crime.

This is the case with involuntary intoxication, which occurs when a person unintentionally consumes alcohol or drugs and becomes intoxicated as a result. This most often occurs when someone is either tricked or forced into consuming alcohol or drugs, but it may also happen if a person has an unexpected side effect from a prescribed medication.

Involuntary intoxication is different than voluntary intoxication, which is when a person chooses to become intoxicated. People who are voluntarily intoxicated cannot assert the defense of involuntary intoxication.

This defense can be used in situations where intoxication makes a person incapable of complying with the law; prevents a person from understanding what he or she is doing; causes a person to lack the culpable mental state required to be found guilty; or causes a person to be unable to tell the difference between right and wrong. For example, if you are charged with public intoxication, you may use the defense of involuntary intoxication if you were tricked or forced into consuming drugs or alcohol.

A defense of involuntary intoxication in a DUI case may work in some cases. In California, it is illegal to drive a car while under the influence of alcohol and/or any drugs. This can be charged based on your behavior behind the wheel, or if the police can demonstrate that you had a blood alcohol concentration (BAC) of .08 percent or greater.

If a person could establish that they were unaware that they were drinking alcohol, then the defense of involuntary intoxication could potentially be used. However, given that alcohol has a particular odor and taste, this may be difficult to argue — even if a DUI defense lawyer Orange County, CA could prove that a drink was “spiked.”

On the other hand, it may be easier to prove that a person was involuntarily intoxicated by drugs. Many drugs are odorless and colorless, such as GHB (more commonly known as “roofies” or the date rape drug). A person could ingest a drug without knowing it — and be charged with driving under the influence as a result. A skilled DUI defense lawyer Orange County, CA could raise an involuntary intoxication argument, and argue that the defendant was incapable of complying with the law after being drugged in this manner.

While an involuntary intoxication defense may be rare in DUI cases, it is one of many defenses that a skilled attorney may consider based on the facts of a case. If you have been charged with a DUI, you will need an experienced lawyer to help defend you against these charged. Contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.

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