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Involuntary Intoxication Defense

The involuntary intoxication defense can arise under a number of circumstances under Florida law when a person is exposed to an intoxicating or controlled substance without their knowledge or consent. Florida's Fourth District Court of Appeals found that the involuntary intoxication defense applied to DUI cases. See Carter v. State, 710 So.2d 110 (Fla. 4th DCA 1998).

Likewise, in Devers-Lopez v. State, 710 So.2d 720 (Fla. 4th DCA 1998), Florida's Fourth District Court of Appeals again found the involuntary intoxication defense applicable to a DUI case. In that case, a woman arrested for DUI testified that she mistakenly took her husband's sleeping medication instead of her lawfully prescribed dose of Valium.

After accidentally taking the sleeping medication, the woman drove and was subsequently arrested for DUI. The Florida appellate court reasoned that because the prosecutor only charged the woman with driving under the influence of alcohol or the sleeping medication, she was entitled to a jury instruction on the involuntary intoxication defense based on her testimony that she had not knowingly ingested the sleeping medication.

Contact a DUI Lawyer in Tampa, Hillsborough County, FL, to discuss any DUI defense for involuntary intoxication.

This article was last updated on Friday, May 19, 2017.