What You Need to Know About Involuntary Intoxication Defenses in Florida

July 1, 2021 Don Pumphrey, Jr. Criminal Defense, Drug Charges, Drunk Driving/DUI Social Share

If you or a loved one has been charged with a crime, and you were intoxicated during the commission of the crime, then you may be able to assert an involuntary intoxication defense depending on the circumstances. If you believe that your arrest was a result of involuntary intoxication, it is important that you seek representation from an experienced criminal defense lawyer as soon as possible.

What is Involuntary Intoxication?

The defense of involuntary intoxication is the exception to the general rule that intoxication is not a defense to criminal liability. Involuntary intoxication is a criminal defense that asserts that the defendant’s intoxication was not voluntary, and the intoxication negates the intent required for the criminal offense he or she is being charged with. Involuntary intoxication can occur when the defendant unknowingly ingested an intoxicating liquor, drug, or other substance, or knowingly ingested an intoxicating liquor, drug, or other substance because of force, fraud, duress, or trickery.[1] At trial, evidence will need to be presented that shows the defendant did not intend to become intoxicated and that their behavior was a direct result of the involuntary intoxication.

The involuntary intoxication defense is given as part of jury instructions where the defense produces sufficient evidence that (1) the defendant unknowingly ingested a substance which caused him to become impaired, and (2) did some act without the knowledge that he would become impaired.[2]

Involuntary Intoxication Negating Specific Intent

Florida Standard Jury Instruction 3.6(e)(1) includes the involuntary intoxication negating specific intent defense and generally provides the following:

The defense of involuntary intoxication can be applied when defendant was involuntarily intoxicated to the point that he or she could not form the requisite intent. This defense applies when:

• The defendant, without any fault on his or her part, unknowingly ingested an intoxicating liquor, drug, or other substance, or knowingly ingested an intoxicating liquor, drug, or other substance because of force, fraud, duress, or trickery; and
• As a result, the defendant was so intoxicated that he or she could not form the intent to commit the specific charge at the time of the offense.

The use of medication, consumption of an intoxicating liquor, drug, or other substance that merely arouses passions, diminishes perceptions, releases inhibitions, or clouds reason and judgment does not excuse the commission of the crime. However, when a certain mental state is an essential element of the crime, and the person was involuntarily intoxicated to the extent that she or he was incapable of forming the mental state, the crime was not committed. If the jury finds that the defendant was intoxicated to the extent of being incapable of forming the requisite intent, it should find the defendant not guilty.

Involuntary Intoxication Resulting in Insanity

Florida Standard Jury Instruction 3.6(e)(1) also includes the involuntary intoxication resulting in insanity defense and generally provides that a person is legally insane if they did not know what they were doing or its consequences. A defendant who believed that what they were doing was morally right was not insane if they knew that what they were doing violated societal standards or was against the law. Further, all persons are presumed to be sane. The defendant has the burden of proving the defense of involuntary intoxication to the point of insanity by clear and convincing evidence. Clear and convincing evidence is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief about the matter at issue.

Voluntary Intoxication

Voluntary intoxication is not a defense. According to Florida Standard Jury Instruction 3.6(e)(1), a person is voluntarily intoxicated when he or she knowingly consumed a substance that he or she knew or should have known could cause intoxication. Generally speaking, to be guilty of a crime, you must have the intent to commit the crime, however, when a person is so intoxicated that he or she could not have had the intent to commit the crime, voluntary intoxication is not a defense. Florida Statute Section 775.051 states that “voluntary intoxication resulting from the consumption, injection, or other use of alcohol or other controlled substance . . . is not a defense to any offense proscribed by law.” Further, “evidence of a defendant’s voluntary intoxication is not admissible to show that the defendant lacked the specific intent to commit an offense.” Therefore, if a defendant became voluntarily intoxicated, he or she cannot use that intoxication as a defense to the crime or introduce evidence of her intoxication to prove that she did not have the intent to commit the crime.

The Prescription Drug Exception

There is an exception to the voluntary intoxication rule when the “consumption, injection, or use of a controlled substance . . . was pursuant to a lawful prescription issued to the defendant by a practitioner.” Therefore, if you were properly using a lawful prescription that was issued to you by a licensed medical professional, and in doing so became unexpectedly intoxicated, then you may be able to assert a voluntary intoxication defense. This defense will only be successful when the defendant can prove that she was so intoxicated that she was not able to form the requisite intent to commit the crime.

Florida Criminal Defense Attorney

Intoxication defenses are complicated. It is important to seek help from an experienced attorney. Contact a Tallahassee criminal defense lawyer as soon as possible to ensure you or a loved one are afforded effective and aggressive counsel. Don Pumphrey and the members of the legal team at Pumphrey Law Firm have decades of experience defending Floridians against criminal charges. Call a defense attorney today at (850) 681-7777 or send an online message to discuss your options during an open and free consultation with an attorney in our legal team.

This article was written by Caroline Calavan

[1] Florida Standard Jury Instruction 3.6(e)(1)

[2] Carter v. State, 710 So.2d 110 (Fla. 4th DCA 1998).

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