Involuntary Intoxication Defense
The insanity defense applies to all crimes where intent is an element. Involuntary intoxication defense results in an acquittal of specific intent crimes only, not general intent crimes. Linehan v. State, 476 So. 2d 1262 (Fla. 1985). The rationale is that although an intoxicated defendant may know the difference between right and wrong, he or she may not be able to form the specific intent required to commit certain offenses.
The Courts have held that Involuntary Intoxication can apply to a DUI Defense. For example, consider the situation where the accused goes in to the bar, and orders a drink. Unbeknownst to the accused, the bartender has slipped vicodin into the beer. After the vicodin laced beer, the accused starts to drive, but it stopped investigated, and arrested for DUI before he gets home.
If the accused’s criminal attorney can show that the intoxication was involuntary, then the accused would not be guilty of the crime of DUI.
Contact a Tampa Criminal Attorney Today
Call Denmon & Denmon Trial Lawyers today to discuss your pending criminal matter to determine what defense applies to you. Call 813-554-3232 (Hillsborough) and 727-753-0049 (Pasco and Pinellas). Ask to speak directly to a Criminal Attorney.
Back to Litigation Defenses
