Defense usually seen by almost all courts as untenable
The defense of involuntary intoxication or lack of intent to drive has been frowned on by almost all courts as being untenable. However, certain situations do arise wherein the person may legitimately be unaware that a fruit punch was spiked, or where a person who had no plan to drive inadvertently caused an alcohol "blackout" through heavy drinking. This can cause a total lack of awareness of volitional acts, especially after taking certain prescribed medications that interacted badly with the alcohol.
Asserting the defense
If you are planning to assert involuntary intoxication or lack of intent to drive as your defense to a DUI-DWI, make sure you have gathered enough facts (more the merrier) to support the offense. Courts are naturally skeptical of this defense. Make sure you do the leg work to make sure you have the facts needed to back yourself up. Failing to do so can give the appearance of you are waiting the court's time and can create anger in the judge.
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