At Finebloom & Haenel we have argued this defense successfully to a jury on several occasions. This defense usually arises in two situations. First, where a Defendant unknowingly ingests a substance that causes them to be impaired. Second, where they take their lawful prescription in a lawfully prescribed manner. We usually request a special jury instruction which the Judge will read to the jury prior to their deliberations.

The jury instruction we advocate for depending on the facts is as follows:

It is a defense to the charge of Driving Under the Influence if The Defendant was involuntarily intoxicated. In order to find that the Defendant committed the offense of Driving under the Influence but was involuntarily intoxicated, you must find the following two elements

• 1. The Defendant unknowingly ingested a substance which caused him to become impaired, an
• 2. Drove without the knowledge that he was or would become impaired while driving.

Because a patient is entitled to assume that an intoxicating dose would not be prescribed or administered by a physician, where intoxication results from medicine which has been prescribed (and taken as prescribed) or administered by a physician, such intoxication is generally considered involuntary. Cobb v. State, 884 So. 2d 437