Old 09-05-16, 03:49 AM
  #66  
KD5NRH
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Simple solution; apply the culpable mental state under which they got intoxicated to the resultant crime.

Not culpable: somebody spiked their drink and the effects weren't apparent prior to the act in question
Reckless: drank something they weren't familiar with, or took a med they legitimately weren't aware (and wouldn't be aware from reading the label) would cause impairment - obviously, there should be some liability with the manufacturer for the label here
Criminally negligent: see above, but felt tipsy or had other indications of a problem before the criminal act
Knowing: pretty obvious here
Intentional: same - note that for many crimes, knowing and intentional are equivalent, or at least pretty similar in penalty category.

Hitting other things or running off the road and continuing to drive, under this system, would be prima facie evidence of intent.
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