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Involuntary Intoxication versus Voluntary Intoxication as a Defense in Florida

As a practicing criminal defense lawyer, clients who are charged with crimes walk into the office and many times tell me that they were “drunk” or “high” when they committed the crime. In Florida, under Fl. Stat. 775.051, voluntary intoxication resulting from the consumption, injection, or other use of alcohol or other controlled substance as described in chapter 893, is not a defense to any offense proscribed by law. Evidence of a defendant’s voluntary intoxication is not admissible to show that the defendant lacked the specific intent to commit an offense and is not admissible to show that the defendant was insane at the time of the offense, except when the consumption, injection, or use of a controlled substance under chapter 893 was pursuant to a lawful prescription issued to… […]

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