Voluntary intoxication resulting from the consumption, injection, or other use of alcohol or other controlled substance as described in chapter 893 is not a defense to any offense proscribed by law. Evidence of a defendant's voluntary intoxication is not admissible to show that the defendant lacked the specific intent to commit an offense and is not admissible to show that the defendant was insane at the time of the offense, except when the consumption, injection, or use of a controlled substance under chapter 893 was pursuant to a lawful prescription issued to the defendant by a practitioner as defined in s. 893.02.
Hi. I was wondering if someone that is mentally ill, and was charged a second DUI, is there a way to get them the services they need since they have never been treated, or diagnosed yet? If the court does a psych eval and sees the person is mentally ill instead of putting them in jail?
November 16, 2012
Steven Daily: ...
Cory, The judge may order a psychiatric evaluation, but you can also initiate this on your own in order to show the court that a jail term would be unwarranted. A criminal attorney can help with this process, and will know of good local resources.