New Jersey Court Rejects “Pathological Intoxication” Defense in DWI Case
Prosecutors can offer evidence of impairment by several means other than alcohol in driving while intoxicated (DWI) cases, such as illegal drugs, prescription medications, or even certain over-the-counter medications. In one recent DWI case in New Jersey, a defendant claimed that, at the time of her arrest, she was having a reaction to sleeping pills and was not aware that she was driving. This is known as “pathological intoxication,” but while it might seem like a person in this situation lacks the same level of culpability as in other cases, New Jersey law does not allow it as a defense in DWI cases.
The New Jersey Code of Criminal Justice (CCJ) defines “pathological intoxication” as being “grossly excessive in degree, given the amount of the intoxicant, to which the actor does not know he is susceptible.” It is considered a type of “involuntary intoxication,” which New Jersey law contrasts with “self-induced intoxication.” To understand why New Jersey courts do not allow pathological or involuntary intoxication as a defense in DWI cases, it is important to know how an involuntary intoxication defense affects criminal cases.
New Jersey courts have held in criminal prosecutions that involuntary intoxication is not a defense unless the statute specifically allows it. (See, for example, State v. Kotter.) The key question when a defendant claims involuntary intoxication is whether or not the law requires the state to prove that the defendant had a certain “mental state,” meaning, for example, acting intentionally or recklessly.