Involuntary Intoxication as a Criminal Defense in Kentucky
While voluntary intoxication is generally not a defense to criminal charges in Kentucky, involuntary intoxication is a recognized defense that can result in acquittal. If you were unknowingly drugged or otherwise intoxicated without your consent and committed a criminal act as a result, the involuntary intoxication defense may apply. The attorneys at Clark + Harris evaluate and present involuntary intoxication defenses for clients in Lexington, Louisville, and throughout Kentucky.
Voluntary vs. Involuntary Intoxication Under Kentucky Law
Kentucky law draws a clear distinction between voluntary and involuntary intoxication. Under KRS 501.080, voluntary intoxication, meaning intoxication resulting from the knowing use of drugs or alcohol, is not a defense to criminal charges. This means that if you voluntarily chose to drink or use drugs and then committed a crime, you cannot use your intoxication as a defense.
Involuntary intoxication, however, is treated very differently. If you became intoxicated without your knowledge or consent, and the intoxication prevented you from forming the mental state required for the crime, you have a valid defense. Involuntary intoxication can occur when someone slips a drug into your drink without your knowledge, you have an unexpected reaction to a prescribed medication taken as directed, you are forced to consume drugs or alcohol under threat or coercion, or you unknowingly consume a substance that causes intoxication.
How Involuntary Intoxication Can Lead to Criminal Charges
Involuntary intoxication can lead to a variety of criminal charges. Someone who has been unknowingly drugged may exhibit behavior that appears to be public intoxication, disorderly conduct, or aggressive behavior that results in assault charges. A person who takes a prescribed medication that causes unexpected impairment may be charged with DUI. In more serious cases, a person who has been involuntarily intoxicated may commit acts they would never commit under normal circumstances.
In the context of DUI cases, this defense can be particularly relevant. If you were unknowingly drugged and then drove a vehicle, the intoxication was not voluntary, and the involuntary intoxication defense may apply. Similarly, if you took a new prescription medication as directed by your doctor and experienced unexpected impairment, you may have an involuntary intoxication defense.
Proving Involuntary Intoxication
The challenge with involuntary intoxication cases is proving that the intoxication was truly involuntary. Evidence that supports this defense includes toxicology results showing the presence of substances you would not have voluntarily consumed, testimony from witnesses who were present when the substance was administered, medical records showing a new prescription that could cause unexpected impairment, evidence that someone else had the opportunity and motive to drug you, your own testimony about the circumstances, and your lack of criminal history suggesting the behavior was out of character.
Expert Witnesses in Involuntary Intoxication Cases
Expert witnesses play a crucial role in involuntary intoxication cases. Toxicologists can explain the effects of specific substances and whether the defendant’s behavior is consistent with involuntary intoxication. Pharmacologists can testify about unexpected drug interactions and side effects. Physicians can address the medical aspects of the defendant’s condition. At Clark + Harris, we work with qualified experts to build compelling involuntary intoxication defenses.
Contact Clark + Harris If You Were Involuntarily Intoxicated
If you were unknowingly drugged or experienced unexpected intoxication and are now facing criminal charges in Kentucky, Clark + Harris can evaluate whether the involuntary intoxication defense applies. Call 859-474-0001 for a free consultation.
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