Originally Posted by
Kettering Northants QC
Big difference, possibly - if I drink I know from previous experience that I'm likely to eventually get drunk and that might lead to some of the usual things associated with drinking too much,. Therefore I don't really have any defence or mitigation saying "It was the alcohol that caused it". Personally, I have no idea what effect Ambien would have on me or if these are worse if it is mixed with alcohol or taken at altitude.
Unless a drink is spiked, the consumption of alcohol/recreational drugs in itself would not be persuasive in pursuing a defence of incapacity. Indeed the defence is a once only deal, once you know the consequences of taking a particular medication in combination with alcohol you are aware deemed to be aware of its potential affect on you.