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September 1, 2017 | admin Involuntary Intoxication as a Los Angeles DUI Defense
To the average person who may not have a clear understanding of the legal system in Los Angeles or elsewhere, the idea of attempting a defense of involuntary intoxication when it comes to a DUI seems absurd. However, the concept is a valid legal maneuver that could potentially lead to exoneration from the ramifications of conviction on this charge.
Getting to the Bottom of Involuntary Intoxication
An attempt to define what constitutes involuntary intoxication generally boils down to unknowingly consuming alcohol. In some cases, the intoxication may have been the direct result of someone being deceived into drinking the substance or being told that it was non-alcoholic when it fact the opposite was true. Fewer cases may end up seeking to claim that they were forced to drink or that such drinking was done under duress.
There have been cases in which someone unknowingly drank a refreshment that had been spiked with something that made them become intoxicated. The same situation has developed in the case of food items that were laced with a drug that renders them incapable of legally operating a motor vehicle.
There can be even more serious instances of attempts to slipping a date rape drug to a woman that makes them unable to stop a would-be rapist from committing a crime. While this type of situation happens all too often, the woman may often be unable to prove such a claim and is the sort of outrage that causes them to be punished for the illegal actions of others.
Other frequent occurrences of this type of situation concern the use of prescription drugs that contain some level of alcohol or otherwise compromise an individual’s clear thinking. For example, many prescriptions to assist in sleeping more consistently or many drugs such as those used as an anti-depressant or for anxiety can fall under this category.
Making the Case Against Such a Charge
In the latter case, making a valid defense will most likely require the individual’s doctor to legally state that the side effects related to the drug made the person unable to form intent. Often, the idea of intent is what may ultimately serve as the true litmus test in determining whether a person’s defense is valid, since involuntary intoxication assumes that the individual had no opportunity to form it.
There are many aspects connected to involuntary intoxication that can’t be used in any defense. One of these is the idea of voluntarily drinking untainted alcohol beyond the legal limit and then being unable to remember their actions prior to being pulled over for a DUI. Since the original intent was to knowingly consume alcohol, any attempt to circumvent the law thought this defense will result in failure.
Another defense that will come up short relates to someone who again voluntarily drinks alcohol, yet is under the belief that the potency of the drinks is less than the actual truth of the matter. This type of situation results in an individual consuming more drinks than allowed under the legal limit, the the original intent once again negating the defense.
The Value of Quality Legal Assistance
This type of defense can be a stiff challenge for any Los Angeles attorney, especially if actual evidence to back up such claims are absent. In addition, the fact that dashcam videos capture such arrests can offer damning evidence that makes a successful defense virtually impossible.
However, with an experienced attorney that’s handled these types of cases before by your side, your chances of either acquittal or a reduction of the DUI charge are much improved. The reason is because they know what to expect when it comes to the approach of the prosecutor, will allows them to properly strategize to offer the best defense possible.