There is debate related to whether an individual who commits a crime while in a blackout should be held as accountable for their actions as an individual who committed the same act while sober. The laws specifically disallow voluntary intoxication as a defense in criminal court. However, involuntary intoxication (prescribed medications, being slipped something by someone else), often is a valid defense (depending on surrounding facts and circumstances). When the defense is permissible, however, the prosecution need not prove that the intoxication was voluntary: The defendant has the burden of proving by a preponderance of the evidence that it was involuntary—that is, he/she must prove his/her own innocence or stand convicted.
If you or a loved one have been accused or charged with DUI in Los Angeles, Orange, San Bernardino, Riverside, or Ventura county it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at (877) 4-NO-JAIL or (877) 466-5245 to speak to an experienced Los Angeles criminal defense attorney about your case.