At his college in Florida, Thomas was a respected baseball player, well-known for his ability to strike out nearly any batter that stood before him. The night before an important game against the school’s biggest rival, Thomas and a few of his teammates went to a couple of parties in the neighborhood.
Because the game was the next day, the three friends made a pact to not drink that night, in order to keep their minds clear. Around eleven in the evening, Thomas’ two teammates decided to call it a night. Before heading home, Thomas went to one last party by himself.
He walked into the foyer of the house where a number of his classmates lived together. The bass of the music was so loud that the glass fixtures in the house were vibrating. There was such a thick haze in the air that Thomas’ eyes started to water.
A group of girls from Thomas’ science class were playing a drinking game in the corner, and a giant keg of beer sat right in the middle of the kitchen. Stepping around the keg and ignoring offers for a beverage, Thomas grabbed a closed soda can from the cooler on the counter. He shook the cold, excess water off the can and popped the tab open.
The familiar taste of his favorite soda quenched his thirst, and Thomas made his way outside. The smell of cigarettes was already starting to give him a headache, and he knew that he wouldn’t be sticking around much longer. There was a bonfire near the back of the yard, and Thomas recognized more of his classmates.
Taking a seat on one of the empty benches, he placed his soda on the ground because the can was making his hands cold. One of the partygoers came up from behind Thomas to shake his hand and wish him luck at the game tomorrow. Thomas smiled and leaned back over to get his soda, which still tasted like regular cola to him.
Wanting to get back to his apartment before it was too late in the evening, Thomas downed the rest of the soda and got up to walk to his car. He felt a little woozy, but he decided it was just from the cigarette-stench induced headache paired with anxiety over tomorrow’s game. It wasn’t until he was halfway home that he realized it wasn’t just nerves.
Thomas felt like he had no control over his car, and he tried to pull off the road safely, but he ran into a parked car instead. The owner of the car came out of their house almost immediately and called the police. It wasn’t long before the police were slapping handcuffs around Thomas’ wrists, claiming that he was being charged with driving under the influence.
After speaking to an attorney, Thomas explained that his drink had been spiked at the party while his back was turned. He was unintentionally intoxicated when he crashed his car, and his attorney helped him build an intoxication defense to prove his honest innocence.
ON INTOXICATION DEFENSE
Involuntary intoxication has been recognized as a defense to negate intent to commit a criminal act. Though Thomas is a fictional character, scenarios exactly like this one happen all too often. If you have found yourself in a similar situation and were charged with a DUIor other criminal charge, we suggest that you speak with a professional attorney immediately.
At Koberlein Law Offices, we represent those living in the Gainesville, Lake City, Live Oak, and surrounding areas of Florida. Contact us today if you have been accused of a crime when you were unintentionally intoxicated, and we can help you with your intoxication defense.