When someone gets drunk, they tend to do things that wouldn’t normally do. However, just because you are under the influence of alcohol doesn’t mean you’re free to do as you like with no repercussions. Committing crimes under the influence of alcohol have severe consequences, but there are some rare intoxication defenses that do work.
Laws and Penalties for Crimes Committed Under the Influence
The typical example of a crime committed under the influence is driving while intoxicated. However, the more common examples of “crimes under the influence” include battery, assault, sexual assault, vandalism, property damage, and domestic violence. These crimes are heavily prosecuted due to their horrible nature, and the victims of these crimes are innocent parties that become burdened and damaged by the intoxicated defendants.
Prosecutors often seek alcohol-related enhancement to these crimes. Such sentencing enhancements include mandatory Alcoholic Anonymous meetings, no possession of alcohol, random alcohol “searches and testing”, ignition lock devices, and a ban on being in any location where alcohol is the primary item for sale or has a significant role in the location (bars, nightclubs, liquor stores).
Defense options for the Accused Offender
One of the main defenses that people will try to use is the “intoxication defense.” The intoxication defense is a defense whereby the person states that they were so intoxicated that their mental levels were impaired and they cannot be held responsible for their actions. However, this defense does not work if it was voluntary intoxication—you got drunk on your own and not forced to do so. The court makes it clear that your voluntary use of alcohol will not clear you of any affect it has on your mental state.
However, there is a certain level of crimes known as “specific intent” crimes where an intoxication defense may work. Specific intent crimes require that a person have the intent to commit the crime, such as larceny, burglary, any attempted crime (attempted assault requires that you had the specific intent to assault someone) and conspiracy just to name a few. Being overly intoxicated can negate the specific intent of committing the crime, thus eliminating your mental state needed to commit the crime.
Can a Criminal Defense Lawyer Help?
If you have been charged with a crime while being under the influence of alcohol, it is in your best interest to speak with an experienced lawyer to determine what your possible defenses are and what type of penalties you are facing. A lawyer can help determine whether or not the crime you have been charged with requires a certain level of intent that could have been non-existent due to your intoxication. Exercising your right to a lawyer before speaking to any prosecutors or police officers can help ensure that you do not lose any of your possible defenses by saying the wrong thing.
