Is Intoxication a Defense to Criminal Charges?

Many people do things when they are under the influence of drugs or alcohol that they wouldn't ordinarily do. Getting drunk or high tends to lower inhibitions, impair jugement, and increase aggression, which can lead to criminal behavior. Still, intoxication is rarely a legal defense in criminal court. In general, it might apply in limited cases if the intoxication was involuntary or if it prevented the defendant from forming the criminal intent necessary to commit the crime.

The intoxication defense is a complex area of law and standards differ from state to state. If you have questions about whether the defense is available in your case, talk to a local criminal defense attorney.

What Is Intoxication?

According to Merriam-Webster, intoxication is "the condition of having physical or mental control markedly diminished by the effects of alcohol or drugs." Intoxication can be voluntary or involuntary.

Can Voluntary Intoxication Be Used as a Defense?

Voluntary intoxication happens when someone willingly takes an intoxicating drug, drink, or other substance knowing that it could make them drunk or high. In some states, voluntary intoxication can be a defense to some specific intent crimes (more on that below.)

What Is the Involuntary Intoxication Defense?

Involuntary intoxication happens when someone is forced or tricked into consuming drugs or alcohol. The most classic example of this is when someone laces another person's food or drink with drugs. But it can also happen when someone has an unexpected reaction to an over-the-counter or prescribed medication. Mistakenly taking a drug, like snorting a white powder you think is cocaine but is actually PCP, typically isn't involuntary intoxication.

Like voluntary intoxication, involuntary intoxication can be a defense to specific intent crimes. But some states go beyond that and allow defendants to raise involuntary intoxication as a complete defense to all crimes. The exact requirements vary from state to state. Defendants typically must prove that the intoxication was indeed involuntary and that it was so severe that it essentially prevented the defendant from knowing that the act was wrong or maybe even caused the defendant to be unconscious.

General and Specific Intent Crimes

To convict someone of a crime, prosecutors must prove that the defendant acted with a particular criminal intent (called "mens rea," Latin for guilty mind).

What Are General Intent Crimes?

Most crimes are general intent crimes, meaning the prosecutor has to prove the defendant committed the act voluntarily (not accidentally). For example, battery—an intentional offensive or harmful touching of another person—is a general intent crime. To convict someone of battery, prosecutors have to show that the defendant intended to touch the victim, but not necessarily to achieve a specific outcome. Voluntary intoxication isn't a defense to any general intent crimes.

What Are Specific Intent Crimes?

By contrast, to convict someone of a specific intent crime, a prosecutor must prove the defendant intentionally committed an act with the intent to achieve a specific result. Most forms of theft are specific intent crimes. For example, to convict someone of grand theft auto, prosecutors must prove:

• the defendant took someone else's vehicle
• the vehicle was taken without the owner's consent, and
• the defendant took it with the intent to permanently deprive the owner of the property.

Here, the taking with the intent to permanently deprive is what makes grand theft auto a specific intent crime. In some states, voluntary intoxication can be a defense to a specific intent crime if it prevents the defendant from being able to form the specific intent necessary to commit the particular crime.

Let's say Ben is at a party. He drinks a bottle of wine, takes some ill-advised shots of tequila, and then smokes marijuana. By the end of the night, he is wasted. On his way out the door, he grabs his sister's keys instead of his own. They both have Toyota SUVs and he has driven her car many times. In his drunken state, he thinks it is his car. When he's pulled over by the cops, they arrest him for driving under the influence (DUI) and grand theft auto. Ben might be able to use his intoxication as a defense to the grand theft charge if he can prove he was so intoxicated that he couldn't form the intent to permanently deprive his sister of her car—after all, he was so wasted he didn't even know he was driving her car. But his intoxication is no defense to the DUI charge, which is a general intent crime that requires proof of intoxication as an element of the crime.

How Can You Tell If a Crime Is General or Specific Intent?

It isn't always easy to tell whether a crime is general or specific intent. The first place to look is the language of the statute. Statutes that use terms like "knowingly," "willfully," or "voluntarily" are likely to be general intent crimes. Statutes that use language like "purposely" or "with the intent to" are likely to be specific intent crimes. If you can't tell by reading the statute itself, you can try looking at case law or talking to a lawyer who specializes in criminal law.

Don't Count On an Intoxication Defense to Save You

According to a study by the U.S. Department of Justice, around 2 million of the 5.3 million people in jail or on probation on an average day in 1996 were drinking at the time of their offense. Who knows how many more were under the influence of drugs? Intoxication wasn't a defense to them and it likely won't be for you either. The best way to stay out of trouble is to not get intoxicated at all.

If you have questions about whether intoxication might be an available and effective defense in your case, talk to an experienced criminal defense attorney who practices in your area.