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Involuntary intoxication PDF Print E-mail

Involuntary intoxication can be a defense to a DUI charge. A classic example would be where a woman is drugged without her knowledge or consent with "date rape drugs" like GHB or Rohypnol. A conventional involuntary intoxication defense, such as "So-and-so put grain alcohol into my drink" is  likely to be ineffective, however. Most people are aware of the symptoms of intoxication, and even if you are intoxicated involuntarily, if you are aware of your intoxication, you should still avoid driving. The remedy is to pull over and call someone or not get into a car at all.

To discuss whether you may have a defense to a DUI charge based on involuntary intoxication or another defense, you should call attorney Joseph N. Gothie, Esq., at (717) 848-8455 to set up a free, confidential, no-risk consultation to discuss your case.



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In a decision issued on April 25, 2008, a panel of the Pennsylvania Superior Court ruled that an investigatory stop of a car with a loud muffler was permitted where the investigating officer did not have any of the required, specialized training necessary to issue a noise citation for faulty exhaust. During the stop, the driver was arrested for DUI. No muffler violation was ever filed. This decision essentially validates a form of pretext stops in Pennsylvania. The full text of the case can be found here. The dissent raises serious and legitimate concerns about the potential for abuse that this decision permits.