Many of our clients who have been charged with a Driving Under the Influence charge, claim that they did not become intoxicated at their own volition. Many argue that someone tampered with their drink, and added more alcohol or possibly even a drug that led them to become intoxicated.
This is a defense that has to be presented carefully. It requires strong evidence that supports the argument being made. Prosecution will prepare a strong rebuttal in each situation, but an experienced San Diego DUI Lawyer will be able to anticipate the potential arguments and will have a powerful defense prepared in your favor.
To prove that there was involuntary intoxication, one of the strongest types of evidence that may be presented is witness testimony. If a person can provide testimony that they directly observed someone pouring alcohol or drugs into your drink, without your knowledge, your case may have a strong defense. However, there are several concerns by prosecutors when proving a criminal case through the use of witness testimony.
One of the concerns will be who the witness is. If the witness is a close friend, family member or a significant other, the prosecutor will present the argument that the person might be biased, and their testimony may not be credible. If the person is someone you are close to, their testimony will likely be presented in a light most favorable to your case. In these situations, testimony will be taken as evidence, but the Prosecutor will do their best to discredit or weaken the evidence.
If the witness testifying is a stranger, someone who was at the scene and has no previous relationship with the person being charged, their testimony will be given more weight. Similarly, if it is a direct observation by a bystander, it will provide strong evidence for the defense.
Other forms of evidence that may be presented are surveillance tapes, which will also be strong evidence. Weaker forms of evidence can be circumstantial evidence such as possibly a receipt indicating that non alcoholic drinks were bought. However, circumstantial evidence is difficult to find in cases regarding involuntary intoxication and may not be the strongest support for the Criminal Defense attorney’s argument.
A defense for cases that involve intoxication is difficult to prove. The evidence is available, but even when presented may not be as strong as it should be. It is the job of the Criminal Defense Lawyer to prepare an argument that is powerful and gather evidence that cannot be doubted in Court. If it can be proven that intoxication was involuntary and against a person’s will, then there is a key component of a criminal case missing. Each criminal case must be the result of a person’s own volition. Proving involuntary intoxication may lead to a case being dismissed or reduced.