People v. Avery

Lance Avery was charged with 12 counts of driving under the influence of alcohol. Each count was a felony charge. The trial court barred his proposed insanity defense, ruling that the statute created an absolute liability offense that did not require any mental state. Avery was convicted in a bench trial and sentenced to 16 months in prison.

This case required us to answer two questions. First, is the felony charge of driving under the influence of alcohol an absolute liability offense? Second, if it is, does that violate the defendant’s constitutional right to due process of law?

We affirm the…