Reference no: EM133310491

A, who is swerving and speeding in his vehicle, is pulled over by an officer. The officer makes his way to the front of the vehicle, and notices that A is talking incoherently and bobbing his head up and down as he tries to speak. Every time the officer asks A questions, A slurs his answers and is incapable of forming a coherent statement. The officer notices that A is wearing what appears to be a hospital arm band. Because A is noticeably intoxicated, the officer arrests A. By the next morning, A is in his right mind, but professes an absolute inability to remember anything from the night before. An investigation reveals that A was released from the hospital about 30 minutes before he was arrested. He went to the hospital because he was suffering from a severe allergic reaction and the doctors administered powerful doses of antihistamine to calm his system. Because A has been a sufferer of severe allergies his entire life, he knows that antihistamines have an intoxicating effect on his body. Nevertheless, after A is released from the hospital he chooses to drive home. A is charged with a variety of driving offenses, including driving under the influence of intoxicants. He asserts a defense of involuntary intoxication. Will his defense be successful or should he be convicted of driving while intoxicated?