Defendant Acquitted of DUI Because of Involuntary Intoxication Caused by Paxil — (Power Advocates)

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4.   Involuntary Intoxication .  Commonwealth v. Moore, February, 2003 (Fairfax Co. GDC). Defendant was on Paxil, an anti-depressant drug, and had a few drinks after playing golf.  He was arrested and charged with DUI after weaving through traffic.  He was “obviously impaired” according to his lawyer.  “The worst I’d ever seen in 25 years.”

An expert testified that Paxil, taken with alcohol, has an “additive effect” in some people.  The Defendant was never told about this.  The Court acquitted the Defendant because to self-administer an intoxicant, one must be aware that they are consuming an intoxicant.