In the past, involuntary intoxication was considered a valid legal defense
in Florida courts. Today, involuntary intoxication might not be considered
an excuse for committing certain crimes – including drunk driving.
The words "specific intent" is a legal term that requires a
state of mind to accompany actions in order for them to be a crime. For
example, common law larceny requires the perpetrator to commit he act
or larceny with the intention of committing the crime. If the individual
commits the act of larceny without intending, he/she may be able to escape
a criminal conviction.
How does this idea related to drunk driving? Until 1999, Florida drivers
were allowed to use specific intent to their advantage. If a driver was caught
intoxicated while driving, he/she would not actually be considered guilty if the crime was an accident.
For example, if a partygoer accidentally consumed alcohol from a punch
bowl (without knowing that the drink contained alcohol), he/she may have
been able to make a case for involuntary intoxication in court. Simply
put, if the driver didn't intend on drinking, he/she could not be
held accountable for the act of DUI.
Today, involuntary intoxication is no longer considered a valid legal defense
in court. Florida Statute § 775.051 states that "voluntary intoxication
resulting from the consumption, injection or other use of alcohol or other
controlled substance as described in chapter 893 is not a defense to any
offense proscribed by law." The statute goes on to say that the defendant
may not use voluntary intoxication to demonstrate that he/she lacked specific
intent to commit the crime. Additionally, the defendant may not demonstrate
that he/she was insane when the crime was committed – unless the
use of alcohol or another controlled substance was pursuant to a lawful
prescription.
In short, Florida Statute § 775.051 abolished the defendant's
right to use involuntary intoxication as a defense in court. However,
the statute also contains an exception to the rule. According to the statute,
the defendant may not use involuntary intoxication as a relevant defense
unless he/she consumed, injected or used the controlled substance because
of a lawful persecution – such as a prescription drug. This exception
might apply if the defendant was accidentally under the influence of a
prescription medication because he/she did not anticipate the effects
of the drug. If the defendant was arrested, he/she might be able to plead
involuntary intoxication.
Unfortunately, this defense is typically used in situations where the defendant
pleads insanity – not intoxication. Thus, actually using the exception
to Florida Statute § 775.051 may prove extremely difficult. Additionally,
the exception will only apply when a certified practitioner prescribes
the drug. In other words, the defendant may not plead involuntary intoxication
or insanity if he/she abused the substance or used it without a valid
prescription. Florida Statute § 893.02 indicates that a lawful prescription
can only be given be given by a licensed physician, such as a doctor or dentist.
At Parks & Braxton, PA, we are wholeheartedly dedicated to helping
our clients avoid criminal convictions. If you've been accused of
drunk driving, you need a lawyer with the skill and experience to help
you establish an aggressive and effective defense strategy in court. Our
Fort Lauderdale DUI attorneys have more than 40 years of experience helping
clients deal with serious legal matters. Let us put our understanding
of DUI law to work for you. To learn more about DUI defense or Parks &
Braxton, PA,
contact our office today. The sooner we hear from you, the sooner a legal professional can give
you the assistance you need.