New Bill Could Allow Easy, Speedy Trials For Date Rape DUIs

'Involuntary intoxication' is already an available defense in DUI trials. However, newly drafted legislation could create a new process for individuals who were involuntarily intoxicated at the time of their arrest because they were slipped a date rape drug. The bill, filed in Oklahoma, stems from the case of a young woman in Oklahoma City. The woman's friend, who happens to be a Representative in the Oklahoma House of Representatives, summarized the incident as follows: “She went out one night, was given a roofie. She remembers having one drink, and then the next thing she can remember in a foggy haze was getting pulled over. And she remembers waking up in a jail cell. There was quite a bit of bruising on her body, so basically, all signs indicated something happened.” Driving under the influence of drugs after being forcefully intoxicated is certainly a rarer breed of DUI, nevertheless, the woman's friend Rep. John Paul Jordan wants to alleviate some of the legal burden for victims of date rape who receive a DUI charge. If his new bill passes, victims would have 30 days from the date of arraignment to request a special hearing for an involuntary intoxication defense. Within 30 days of the request being made, the hearing would be held. Despite being well-intentioned, the bill has garnered critique from some Oklahoma defense attorneys. “Having the defendant jumping through so many hoops so early in the procedure is a hindrance to the development of a defense,” defense attorney David McKenzie said. In addition, opponents of the bill say differing arraignment procedures between counties would make implementing it difficult.

A similar case to Rep. Jordan's friend was reported in Missoula, Montana in 2012. The Montana Supreme Court volleyed Leigh Paffhausen's case back to a lower court, specifically to grant the woman a hearing in which she could present evidence that she had been forcibly intoxicated. “A hearing is a small price to pay if seeking justice and not simply a conviction is the object of criminal prosecutions,” Justice James C. Nelson wrote for the majority in a 4-3 opinion. According to court documents, “Paffhausen acknowledged that she voluntarily consumed a small quantity of alcohol the night she was arrested. She contended, however, that someone had drugged her without her knowledge, thus she should not be held responsible for anything that happened to her at the hands of a third party." Furthering this argument in her brief, Paffhausen wrote "How could a prosecutor in a sexual assault case argue that the purpose and effects of a ‘date rape' drug is to unknowingly impair victims so they cannot act voluntarily, yet also argue that same victim could physical(ly) and voluntarily operate a vehicle and be charged with a DUI?" In a response, the assistant attorney general argued that the risk of endorsing Paffhausen's argument was an implication that the more intoxicated the individual, the less accountable they are in a DUI case.

Proceedings for the bill in Oklahoma are under way and there is always the chance that other states could follow suit with similar bills if this one is passed. Social changes will typically bring about the reconstruction of old legislation. It remains to be seen what measures legislators could take regarding the possibility of date rape DUIs.

If you have been charged with driving under the influence, contact Cobb County DUI Attorney Richard Lawson at any time for a free consultation of your case.