Driving While ''Involuntary'' Intoxicated Defence In Texas
In Aliff v. State, Aliff was arrested for driving erratically. 955 S.W.2d 891 (Tex. App.--El Paso 1997, no pet.). a blood test revealed prescription medication in his system used to treat his mental illness and back problems. Id. at 892.
The appellate court affirmed the trial court's refusal to instruct the jury on involuntary intoxication, finding that there was no evidence to raise the issue of involuntary intoxication nor would the defense, which applied only to an actor's mental state, have any application in prosecutions for intoxication offenses, including driving while intoxicated. Id. at 893;
See also Lewis v. State, 951 S.W.2d 235, 237 (Tex. App.--Beaumont 1997, no pet.) (proof of culpable mental state is not required in DWI convictions); Sanders v. State, 936 S.W.2d 436, 438 (Tex. App.--Austin 1996, pet ref'd) (State is not required to establish culpable mental state in prosecution for driving while intoxicated).