QUESTION

What can happen if I was intoxicated and took unprescribed medication?

Asked on Jul 10th, 2013 on Criminal Law - Georgia
More details to this question:
I had been living off-lease with a friend who was prescribed Paxil, which he had been sharing with me. Prior to the incident, we had been drinking some beer. The alcohol triggered a manic episode, which is a potential side effect of Paxil. I was arrested for stealing a wooden ladder from the top of a work van, then breaking into the vehicle. I was caught still inside the vehicle looking through the contents. I understand that per TPC 8.04, voluntary intoxication is barred from a defense, and that CCA has held it to bar evidence of intoxication negating mens rea, as well. There have been cases in other jurisdictions allowing for an involuntary intoxication defense from prescribed medications, provided that the actor could not reasonably have known of the potential side effects producing intoxication before voluntarily choosing to take them. I also understand that since the Paxil was not specifically prescribed to me, it will likely be deemed an illegal drug. My case for an involuntary intoxication defense rests on several points: I have a history of mental illness and had previously been diagnosed with both Attention Deficit Hyperactivity Disorder and dysthymia (a mild, chronic form of depression), for which Paxil is acceptably prescribed medically, albeit not to me specifically. And, while it is a prescription-only medication, it is not a controlled substance. I did not take an excessive amount of Paxil, but took a dosage consistent with what a doctor would have prescribed. While I did have some issues with unexpected intoxication involving Paxil and alcohol, they were limited to being confrontational and aggressive towards strangers in a bar. I concluded that alcohol and Paxil would likely see me committing some sort of assault or disorderly conduct, and had chosen to remain at home the evening of the incident.
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5 ANSWERS

Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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You are not going to be successful; with any argument that you actions were "not intended". You have had experience with PAXIL in the past. n fact, you admit in your statement that you have had past intoxication involving Paxil and alcohol. As such, you knew, the potential consequences when you drank with your friend and then consumed Paxil (which was not even legally prescribed to you). Based upon what you have told me, you have no defense to your actions.
Answered on Jul 15th, 2013 at 12:42 AM

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You are obviously highly intelligent, and have thought up some creative defenses. However, in my opinion the answer is fairly simple. First, ADD and mild depression are not conditions that in any way would qualify you to argue that you weren't mentally stable enough to make a clear decision as to whether or not to take the paxil - even with alcohol. You weren't prescribed the Paxil, and it clearly states on the bottle not to mix it with alcohol. Furthermore, if you have been diagnosed with depression by a professional, then you should know that all anti-depressants should not be mixed with alcohol - they all carry that warning, even if paxil wasnt something you have ever been prescribed. In my opinion, and in GA where I practice, you would fall under the voluntary intoxication standard and would not have a viable defense. I have been a criminal defense attorney for 22 years, just so you know that I am pretty confident about my answer - I am just honest and straightforward.
Answered on Jul 15th, 2013 at 12:41 AM

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Thomas Edward Gates
Being drunk and on non-prescribed medication is not a defense.
Answered on Jul 15th, 2013 at 12:41 AM

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Michael J. Breczinski
It still sounds like there is not a voluntary intoxication defense open to you. Maybe something with your mental illness could help as an avenue of defense.
Answered on Jul 15th, 2013 at 12:41 AM

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Below is a copy of the jury instruction on voluntary intoxication. It is still available to negate an intent element of a crime, but it does not excuse the physical act.
Answered on Jul 15th, 2013 at 12:41 AM

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