The defense of involuntary intoxication can arise under many circumstances and can be successful against a DUI in Clearwater. This defense commonly arises under two different situations. The first situation occurs when a person unknowingly or without providing consent becomes exposed to an intoxicating or controlled substance. The second common situation involves the legal use of a lawfully prescribed medication. Intoxication that occurs under this second circumstance is generally considered involuntary because a patient is entitled to presume that a physician will not prescribe an intoxicating dosage of medication.
If you believe that your Clearwater DUI arrest resulted from involuntary intoxication, it is important to inform the jury of the surrounding circumstances and the nature of the defense. Our experienced attorneys will request a special jury instruction similar to the 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.
Our attorneys at Finebloom and Haenel have successfully argued this DUI defense on many occasions and are ready to work for you. Contact our office immediately at 727-222-3610, twenty-four hours a day, seven days a week.