Woman charged with DUI argues she was drugged

Published On: Nov 26 2012 01:12:59 PM PST
MISSOULA, Mont. -

A Missoula woman will be given a chance to argue she should not have been charged with driving under the influence because someone put a date rape drug in her drink without her knowledge.

The Missoulian reports the Montana Supreme Court returned Leigh Paffhausen's case back to Municipal Court, saying she should have the chance to offer evidence that her January 2010 intoxication was involuntary.

Shortly after she was charged, Paffhausen told police she believed she'd been given GHB and intended to use involuntary intoxication as a defense.

However, the District Court upheld a Missoula Municipal Court ruling that prevented Paffhausen from using that defense or calling witnesses about the use of date rape drugs in the city.

The high court's 4-3 ruling was filed on Nov. 20.