Chaffey

A person takes an overdose of a prescription medicine for the purpose of committing suicide. The label warns that the medicine can cause drowsiness. The overdose does not cause death. It renders the person unconscious so that she has no awareness of what she is doing. While in this unconscious state, she drives a car and is arrested and convicted for driving under the influence of an intoxicating drug.

We hold that under these circumstances a trier of fact could conclude the intoxication is voluntary. We, therefore, affirm the conviction for driving under the influence of an intoxicating drug.

Facts

Defendant Theresa M. Chaffey tried to commit suicide. She possessed 120 or more Xanax tablets (benzodiazepine). Her doctor had prescribed that she take one for anxiety and two for sleeplessness. This medication had been prescribed to her for over a year and a half.

Chaffey drove to a beach parking lot, got out of her car, locked the ignition key inside, swallowed approximately 120 of the Xanax tablets, and lay down to die.

Sometime later a police officer saw Chaffey driving her car in an erratic manner in a parking lot. The officer stopped her. She could not stand alone…