First DUI (CALIFORNIA)

[HighwayMan]

Alright so last concern. I have court next month, I know this is considered a misdemeanor but is it treated like a regular traffic violation?

It's treated like what it is - a misdemeanor.

But the process is similar to what you outlined.

 

[slwslw]

He stated (claimed) that this is involuntary intoxication. His drink, if the court believes him, was spiked.

If he can possibly convince the court of this , does that create a defense?

 

[I'mTheFather]

He stated (claimed) that this is involuntary intoxication. His drink, if the court believes him, was spiked.

If he can possibly convince the court of this , does that create a defense?

The intoxication may have been involuntary, but the driving wasn't.

 

[DUIAttyPCho]

Involuntary Intoxication

Involuntary intoxication: “A person who becomes intoxicated involuntarily and commits criminal acts unconsciously is not held responsible for those acts" – that is, unconsciousness due to involuntary intoxication is a complete defense.

In DUI cases, this applies to prescription medication, where the defendant was "sleep driving." This does NOT apply to alcohol. This defense also does not apply to cases where a drink was "spiked" with alcohol. Also, the defense goes to the driving part. Not the intoxication part. So, in this particular case, involuntary intoxication is not a defense. There is no way it could be in a alcohol related DUI case.

UNLESS (here is the caveat): Someone pointed a gun to your head and forced you to drink against your will and then made you drive a car with that same gun pointed to your head and threatened to kill you if you did not drink and drive.

 

[slwslw]

Involuntary intoxication: “A person who becomes intoxicated involuntarily and commits criminal acts unconsciously is not held responsible for those acts" – that is, unconsciousness due to involuntary intoxication is a complete defense.

In DUI cases, this applies to prescription medication, where the defendant was "sleep driving." This does NOT apply to alcohol. This defense also does not apply to cases where a drink was "spiked" with alcohol. Also, the defense goes to the driving part. Not the intoxication part. So, in this particular case, involuntary intoxication is not a defense. There is no way it could be in a alcohol related DUI case.

UNLESS (here is the caveat): Someone pointed a gun to your head and forced you to drink against your will and then made you drive a car with that same gun pointed to your head and threatened to kill you if you did not drink and drive.

Thanks for the response.