Involuntary Vs Voluntary Intoxication

Decent Essays
There are two major intoxication defenses, involuntary and voluntary. First, involuntary intoxication is intoxication without choice or will such as that which occurs when someone slips drugs into the food or drink of an unsuspecting person. An example of this case would be someone who is unaware of the side effects of a prescription drug. Next, voluntary intoxication is a more common form. It refers to intoxication brought on free will, in some jurisdiction this is not a defense but in others it is partial, meaning that it cannot negate the general intent of a crime but may negate specific intent.

My personal preference is involuntary intoxication, as it would easier to defend in court. You could give the assumptions that the defendant

Related Documents

  • Improved Essays

    MOne normal, ordinary day, Natalia Bennett and four others were on their way home from a party in Austin, Texas a little after 4:00 in the morning. Jacqui Saburido had been sitting in the passenger seat next to Natalia. Reggie Stephey had been on his way home as well, but had been drinking. Reggie, only a mile away from his driveway, hit Natalia’s car head on. Natalia and one other died on the spot.…

    • 969 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Summary: Jim, who lives in Detroit Michigan, had a few drinks at a local bar but was not intoxicated. Before he left he asked the bartender for a drink of water, who in error gave him a 6oz cup of 40% Vodka. Jim drank it quickly noticing the strength of the liquid but figured it was his imagination as he had requested water. The Vodka went straight to his head and he became intoxicated, causing him to lose control of his car which jumped a curb and killed two people. Jim was arrested and put on trial under Michigan’s “causing death while operating a motor vehicle while intoxicated” statute which carries a 15 year prison sentence.…

    • 1559 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Ms. Spano Case Summary

    • 1371 Words
    • 6 Pages

    To determine if Ms. Spano was operating her vehicle while intoxicated the court will apply a four- factored test and the relevant Indiana code to the facts. After applying the factors, the court will probably weigh in favor of Ms. Spano operating the car. Ind. Code 9-30-5-3 states, “… a person who operates a vehicle while intoxicated…”. Ind. Code 9-13-2-118 defines operator as “driver or is in actual physical control of a motor vehicle upon a highway...” The Hiegel test helps determine operation: “(1) whether or not the person in the vehicle was asleep or awake; (2) whether or not the motor was running; (3) the location of the vehicles and all the circumstances bearing on how the vehicle arrived at that location; and (4) the intent of the person behind the wheel” Hiegel v. State, N.E.d 265 (Ind. Ct.…

    • 1371 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Alcohol is not the problem, a factor yes, but the bottle did not assault…

    • 1520 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Jane Smith, was referred by the Courts for treatment because of an OWI arrest. Ms. Smith was involved in a hit and run accident of a parked vehicle and denied it was her fault. She failed the sobriety field test and later admitted it was her who was driving her car when she hit the parked vehicle. Ms. Smith enjoys drinking six twelve oz. beers three times a week.…

    • 584 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    For example, Boudreault was drinking alcohol at a bar and acknowledged that he was too drunk to drive his truck so he decided to ask a friend to call a taxi for him, which is similar to Codlin’s case as he recognized that he was also too drunk to drive his motor vehicle and decided to travel by taxi (R v Boudreault, 2012, para. 18). Both cases signify that the accused persons’ blood alcohol exceeded the legal limit by surpassing 80 milligrams of alcohol in 100 millilitres of blood. Moreover, Boudreault decided to sit in the driver’s seat while intoxicated and wait for the taxi’s arrival as Codlin also decided to sit in the driver’s seat to wait for the taxi (R v Boudreault, 2012, para. 20). There are main differences that underlie in both cases. For example, Boudreault was asleep on the driver’s seat when he was waiting for the taxi and left the truck’s engine running (R v Boudreault, 2012, para. 20).…

    • 1333 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    There is no excuse for driving while intoxicated. People who decide to drive intoxicated should be punished for all of the harm or crimes they commit while driving under the influence. Driving under the influence is a serious crime since you can possibly harm yourself, other people on the road, and if you had passengers in your car. Driving while intoxicated is a crime that needs to be stop. Sadly, back in 2011, Kenneth Belew pleads guilty to driving drunk and killing two high school teenagers.…

    • 597 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Poor decision making while intoxicated results in heart-wrenching tragedies. The best ways to decrease…

    • 500 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    Alcohol In Tom Brennan

    • 1157 Words
    • 5 Pages

    Both of these stories had alcohol as the cause of the problem. Alcohol was the main reason both of these accidents happened and if alcohol wasn’t related to these incidents, none of this would have happened. Crashes and incidents happen a lot with people when they are intoxicated, as you see it happen to Brenton and Peter. Brenton thought that he could make a short trip to see a friend but having too much to drink, it was always a very risky act. People need to stop and think about what they’re doing before they do it but that’s the problem being drunk because you don’t know what you’re doing and don’t listen to other people.…

    • 1157 Words
    • 5 Pages
    Superior Essays
  • Great Essays

    The internal and external forces against the person it often leads to human misery like alcohol…

    • 1446 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Dsm-Iv Criteria

    • 425 Words
    • 2 Pages

    A substance is often taken in larger amounts over time than initially intended (Hunte & Barry, 2012). The third criteria for DSM-IV to be met are, the drug or substance is taken in larger amounts or over a longer period than it was originally intended (Hunte & Barry, 2012). The four criteria used to define drug abuse are described in author, William Whites article titled “Substance abuse versus substance dependence: Implications for management of the DUI offender.” First, Criterion one is habitual substance use resulting in a failure to fulfill major obligations to include work, school, or home typically resulting in numerous absences or poor work performance related to substance use, as well as, substance-related absences, suspensions, and child neglect (White, 2007). Secondly, habitual substance use in situations in which it is physically hazardous and presents a danger to oneself and/or the public.…

    • 425 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Title General Purpose: To Inform Specific Purpose: To inform my audience about the legal drinking age. Organizational Pattern: Problem – Solution…

    • 436 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    Tort Of Negligence Essay

    • 1145 Words
    • 5 Pages

    Issue The matters involved in the case facts is if Rebecca can sue Michelle for negligence based on tort law and Rebecca?s decision to accept the ride home even if she knows that Michelle was drunk to drive. Rule The court needs to prove that Michelle has a duty of care to Rebecca. Secondly, there needs to be a breach of this duty due to the negligent conduct of Michelle.…

    • 1145 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Attention Grabber: Did you know that 1 in every 4 women will experience domestic violence in their lifetime? Or that 85% of domestic violence victims are women? Or even the terrifying fact that every 9 seconds a woman is battered? Domestic violence is described as a pattern of controlling behaviors that one partner uses to gain power over the other.…

    • 1123 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    These theories propose that, when an individual gets drunk, he/she will do what comes naturally without thinking twice due to judgment impairment and thus making drug users prone to breaking the laws. However, these theories differ on how they emphasize the level of crime and drug abuse and how they…

    • 1147 Words
    • 5 Pages
    Great Essays