Many of our clients who are charged with DUIs are certain they do not know how they became so intoxicated. Many do not know how they have such a high blood alcohol level, and many often claim that someone gave them a date rape drug or the like.
The concern many have is if this is a valid defense against being intoxicated. The general requirement for most criminal charges is the element of Mens Rea. Mens Rea means that there was a mental component to the crime and the person who is being charged knowingly committed the crime. In cases of involuntary intoxication, the person does not know they are committing the crime.
The answer to the inquiry is not as simple as one would like. It involves a lot of subjective area, and above all, concrete evidence. The obstacle most commonly found in an involuntary intoxication defense is solid proof that the person did not know they were intoxicated.