Attorney for Intoxication Defense in Tampa, Florida

Facing criminal charges in Florida can be overwhelming, but understanding available legal defenses can make a crucial difference in the outcome of your case. At the Brancato Law Firm, P.A., led by experienced Tampa criminal defense attorney Rocky Brancato, we are committed to providing strong legal advocacy for those accused of crimes in Tampa, Hillsborough County, and the surrounding Tampa Bay area. One defense that may apply in certain cases is the intoxication defense. Here, we break down the nuances of involuntary intoxication and voluntary intoxication and how they may impact a criminal case in Florida.

Involuntary Intoxication: A Recognized Legal Defense in Florida

In Florida criminal law, involuntary intoxication is a recognized defense under specific circumstances. This defense applies when a defendant becomes intoxicated without their knowledge or under circumstances beyond their control, particularly when taking prescription medication as directed by a licensed medical professional.

For example, in Lucherini v. State, 932 So. 2d 521 (Fla. 4^th DCA 2006), the court ruled that evidence of a defendant’s consumption of prescribed medication was admissible to demonstrate that the defendant lacked the specific intent to commit an offense or was legally insane at the time of the crime. Similarly, in Brancaccio v. State, 698 So. 2d 597 (Fla. 4^th DCA 1997) the defense was upheld when a defendant unexpectedly became intoxicated due to taking a prescription medication precisely as directed. However, this defense does not apply if the defendant abused the prescription by exceeding the recommended dosage, as established in cases such as Montero v. State, 996 So. 2d 888 (Fla. 4^th DCA 2008) and Stimus v. State, 995 So. 3d 1149 (Fla. 5^th DCA 2008).

Florida courts have also adopted standard jury instructions for cases involving involuntary intoxication, which can be used to argue that the defendant was either incapable of forming intent or was legally insane due to the intoxication. If you or a loved one has been charged with a crime and believe involuntary intoxication played a role, our top-rated Tampa criminal defense attorney can assess the circumstances and determine the best defense strategy.

Voluntary Intoxication Not a Defense in Florida

Unlike involuntary intoxication, voluntary intoxication is generally not a defense under Florida law. The Florida Legislature abolished the voluntary intoxication defense in 1999, codified in Section 775.051, Florida Statutes. This statute explicitly states that voluntary intoxication due to alcohol or controlled substances does not excuse criminal conduct or negate specific intent.

However, there is an exception: voluntary intoxication caused by the legitimate use of prescription medication. As established in Cobb v. State, 884 So. 2d 437 (Fla. 1^st DCA 2004), if a defendant legally consumes prescription drugs and subsequently becomes impaired, this may still be a viable defense, depending on the circumstances. Our firm has extensive experience in analyzing these complex legal distinctions and ensuring that the most effective defense is presented on your behalf.

Evidence and Legal Considerations for the Intoxication Defense in Florida

When intoxication is a potential defense, both lay and expert testimony can be crucial in establishing its impact on the defendant’s mental state at the time of the alleged crime. Florida courts have recognized that expert witnesses may testify on how alcohol or drugs—especially when combined with a medical or mental condition—can impair judgment. See State v. Bias, 653 So. 2d 380 (Fla. 1995). It is error to preclude an expert from testifying regarding the effects of prescription medication in furtherance of an insanity defense. See Sluyter v. State, 941 So. 2d 1178 (Fla. 2d DCA 2006). However, an expert cannot offer opinions based solely on the defendant’s self-reported statements. See Curtis v. State, 589 So. 2d 956 (Fla. 3d DCA 1991).

In cases where voluntary intoxication is not an affirmative defense, evidence may still be presented to support other relevant legal arguments. The jury’s understanding of intoxication’s effects can play a pivotal role in the case’s outcome, making it essential to have a skilled Tampa defense lawyer presenting the most compelling arguments.

How the Brancato Law Firm, P.A. Can Help with Your Florida Criminal Defense Case

At the Brancato Law Firm, P.A., we understand that every criminal case is unique, and we are dedicated to building strong, strategic defenses for our clients. If you or a loved one has been charged with a crime in Tampa, Hillsborough County, or the surrounding Tampa Bay area, we encourage you to reach out for a consultation. Our Tampa criminal defense lawyer Rocky Brancato will thoroughly review your case, determine whether the intoxication defense may apply, and fight to protect your rights.

Contact an Experienced Tampa Criminal Defense Attorney Today

If you or a loved one is facing criminal charges in Tampa or Hillsborough County, don’t navigate the legal system alone. Attorney Rocky Brancato and the legal team at Brancato Law Firm, P.A. have the experience, knowledge, and dedication to fight for the best possible outcome in your case.

📞 Call us today at 813-686-2093 for a free consultation and let us help you build a strong legal defense. Put Rocky in your corner today.