FAQ: Intoxication Defenses in Miami

FAQ: Intoxication Defenses in Miami

Intoxication can lead people to make poor decisions that result in criminal charges. However, Florida law recognizes certain intoxication defenses that can help defendants fight charges. This article covers common questions about intoxication defenses in Miami.

What is the difference between voluntary and involuntary intoxication?

Voluntary intoxication means someone chose to take a substance like alcohol or drugs that caused them to become impaired. Involuntary intoxication means they took a substance by accident, force, fraud, or due to a medical issue.

Voluntary intoxication is never a defense in Florida – even if you were so impaired that you couldn’t form intent. But involuntary intoxication can sometimes be a valid defense.

When can involuntary intoxication be used as a defense in Florida?

There are 3 main situations where involuntary intoxication may apply as a defense in Florida[3]:

1. First degree murder cases – If involuntary intoxication made the defendant incapable of forming premeditation to kill, it can reduce the charge to second degree murder.
2. Specific intent crimes – If involuntary intoxication prevented the defendant from forming the required mental state, they may be found not guilty.
3. Insanity – If involuntary intoxication caused insanity during the crime, the defendant may be found not guilty by reason of insanity.

So involuntary intoxication applies mostly to premeditated murder or specific intent crimes in Florida. It is not a defense for general intent crimes.

What are some examples of involuntary intoxication?

Situations that could lead to involuntary intoxication include[3]:

• Being prescribed medication by a doctor and taking it as directed, but having an unintended intoxicating effect
• Someone slipping a substance into your food or drink without your knowledge
• Taking a higher dose of medication than prescribed because of confusion

The key is that you didn’t voluntarily or knowingly take the intoxicating substance.

Can involuntary intoxication get a DUI charge dismissed?

No, involuntary intoxication is not a valid defense for DUI charges in Florida. Even if you unknowingly ingested an intoxicating substance, you can still be convicted of DUI if you were impaired while driving.

What about involuntary intoxication from prescribed medications?

This can be a valid defense if you took the medication exactly as prescribed, but had an unintended intoxicating effect. The court will look at the medication instructions and expert testimony to determine if you took it properly.

However, this defense does not apply if you took more than the prescribed dose or combined it with other substances like alcohol.

How does involuntary intoxication relate to insanity?

Involuntary intoxication can lead to temporary insanity during the time of the crime. This means you were unable to understand right from wrong or the consequences of your actions.

If involuntary intoxication caused insanity, you may plead not guilty by reason of insanity. Then the court will determine if you should be held criminally responsible.

What kinds of evidence can support an involuntary intoxication defense?

Some key evidence can include[3]:

• Testimony from doctors or toxicology experts
• Records showing the medication/substance was prescribed and taken properly
• Witness accounts of your impaired mental state
• Evidence the intoxicating substance was given involuntarily

Your defense lawyer may retain medical and toxicology experts to analyze your intoxication and ability to form intent.

What are the pros and cons of using involuntary intoxication as a defense?

Pros:

• It can get first degree murder charges reduced if premeditation wasn’t possible
• It can lead to acquittal of specific intent crimes if you couldn’t form the intent
• It may result in commitment to mental health treatment rather than prison

Cons:

• It’s hard to prove the intoxication was truly involuntary
• You may still be convicted of lesser charges like second degree murder
• It requires extensive medical evidence and expert testimony

What should I do if I want to use an involuntary intoxication defense?

Contact an experienced Miami criminal defense lawyer as soon as possible. The lawyer can assess if the defense may apply in your case and start gathering supporting evidence. Time is of the essence in these complex cases.

A skilled lawyer understands how to thoroughly investigate the facts of the case to build the strongest defense. This includes interviewing witnesses, hiring experts, visiting the crime scene, and scrutinizing the evidence. A good lawyer will also know how to identify common police and prosecutorial misconduct tactics, and work to prevent them or expose them at trial.

An experienced lawyer has deep knowledge of involuntary intoxication case law and uses it to argue why the charges should be dismissed or reduced. They understand the high burden to prove involuntary intoxication and start building a compelling case immediately.

A diligent lawyer educates the client early on about the uphill battle they face and manages expectations. But they also aggressively pursue every angle, fully devote themselves to the case, and leverage their skills and determination to achieve the best possible outcome for the client.

Ultimately, an excellent intoxication defense lawyer combines legal expertise with creativity, tenacity, and compassion. They support the client through a difficult process while tirelessly upholding their constitutional rights.