Involuntary intoxication occurs when a person unknowingly consumes a substance that causes intoxicating effects. This can serve as a successful defense against a DUI in Florida. There are two common situations that arise in the context of a DUI defense for involuntary intoxication. The first situation occurs when a person becomes exposed to an intoxicating or controlled substance without knowledge or consent. The other common situation occurs when a person lawfully uses a legally prescribed medication. A resulting intoxication from the medication is presumed involuntary because the assumption is that a physician will not prescribe an intoxicating dosage of medication.
For this DUI defense, it is important to inform the jury about the relevant law and the specific circumstances of your arrest. This can be accomplished in trial with experienced attorneys and a special jury instruction similar to one below:
It is a defense to the charge of Driving Under the Influence if the Defendant was involuntarily intoxicated. In order to find that the Defendant committed the offense of Driving under the influence but was involuntarily intoxicated, you must find the following two elements:
1. The Defendant unknowingly ingested a substance which caused him to become impaired, and
2. Drove without the knowledge that he was or would become impaired while driving.
If you believe that your Florida DUI arrest resulted from involuntary intoxication, call our attorneys 24 hours a day, 7 days a week at 1-888-781-9696. We have successfully argued this DUI defense on many occasions and are ready to fight for you.