When You’re Not in Control: Involuntary Intoxication as a Defense in Pennsylvania

Involuntary intoxication is a legal defense that can be used in Pennsylvania when a person is charged with a crime but was under the influence of drugs or alcohol without their knowledge or consent. This defense argues that the defendant lacked the intent to commit the crime because they were not in control of their actions due to involuntary intoxication. In this blog post, we will explore what involuntary intoxication is, when it can happen, and provide examples of events where involuntary intoxication can be a defense.

Involuntary intoxication occurs when a person becomes intoxicated without their knowledge or consent. This can happen in a variety of ways, such as being drugged without knowing it, consuming alcohol or drugs that were tampered with, or being prescribed medication that has unexpected side effects.

One example of when involuntary intoxication can happen is when a person is given a drink that has been spiked with a drug or alcohol without their knowledge. For example, if someone is at a party and is offered a drink that they believe is only alcoholic, but is in fact laced with GHB or other intoxicating agent, this would be considered involuntary intoxication.

Another example of when involuntary intoxication can happen is when a person is prescribed medication that has unexpected side effects. For example, if someone is prescribed medication for a medical condition and experiences unexpected side effects that cause them to act in a way they would not normally act, this would be considered involuntary intoxication.

Involuntary intoxication can be a defense in certain situations. For example, if someone is charged with a crime such as assault, but was under the influence of drugs or alcohol without their knowledge or consent at the time of the incident, they may be able to use involuntary intoxication as a defense. If the defendant can show that they lacked the intent to commit the crime because they were not in control of their actions due to involuntary intoxication, they may be acquitted.

Another example of when involuntary intoxication can be a defense is in cases of DUI (driving under the influence) charges. If someone is charged with DUI but argues that they were involuntarily intoxicated, such as if they were given a drink that was spiked without their knowledge, they may be able to use this as a defense.

In conclusion, involuntary intoxication is a legal defense in Pennsylvania that can be used in certain situations where a person was under the influence of drugs or alcohol without their knowledge or consent. This defense argues that the defendant lacked the intent to commit the crime because they were not in control of their actions due to involuntary intoxication. While involuntary intoxication can happen in a variety of ways, it is important to note that it can only be used as a defense in specific situations where the defendant can prove that they lacked the intent to commit the crime.

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PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.