Criminal Defense Lawyers

Using Intoxication as a Defense to Criminal Charges

Using Intoxication as a Defense to Criminal Charges

Being intoxicated can lead people to make poor decisions that result in criminal charges. However, intoxication may also be used as a legal defense in some cases. This article provides an overview of intoxication defenses and how they may apply.

When Intoxication Can Be a Defense

Intoxication can only be used as a criminal defense under certain circumstances. Specifically, the intoxication must meet two criteria:

1. The defendant was so impaired that they could not form the mental state required to commit the crime. For example, many crimes require the prosecution to prove the defendant acted “knowingly” or “purposefully”. If the intoxication prevented them from acting intentionally, it could negate this required mental state.
2. The intoxication was involuntary or unexpected. This means the defendant did not know or have reason to know that drinking or taking drugs would make them so impaired. Essentially, their extremely intoxicated state of mind took them by surprise.

If both of these conditions are met, an intoxication defense may succeed in beating the charges. However, the exact requirements vary by state.

Types of Intoxication Defenses

There are two primary types of intoxication defenses:

1. Involuntary Intoxication

Involuntary intoxication means the defendant unknowingly ingested an intoxicant or was forced to take it against their will. Possible scenarios include:

• Someone slipped a mickey into the defendant’s drink without them realizing
• The defendant was prescribed medication without warnings of severe side effects
• The defendant had an unexpected reaction to a prescribed medication or over-the-counter drug

Since the intoxicated state was unintentional, it supports a defense that they could not form the intent required for a crime.

2. Voluntary Intoxication

Voluntary intoxication applies when the defendant knowingly consumed alcohol or drugs but claims the effects were much more extreme than expected. For example:

• The defendant had several drinks and believed they were fine to drive, but were actually severely impaired
• The defendant took what they thought was a normal dose of a drug but had an unexpectedly strong reaction

Voluntary intoxication can be used as a defense in some states, but the requirements are stricter than involuntary intoxication. Additionally, some states only allow this defense for certain crimes.

Using Intoxication to Negate Mental State

The key to successfully asserting an intoxication defense is proving that the defendant’s extremely intoxicated state prevented them from forming the mental state necessary for a crime.

There are typically two mental states the prosecution must prove for a criminal conviction:

1. General intent – This refers to the intent to perform an action without necessarily intending the consequences. For example, intentionally swinging a bat, regardless of whether you intended to break a window.
2. Specific intent – This means having the actual purpose or desire to achieve a specific outcome. For example, swinging a bat with the goal of breaking a window.

An intoxication defense aims to show the defendant was so impaired that they could not form the general or specific intent required for a crime.

For general intent crimes like DUI, an intoxication defense faces an uphill battle. Because just committing the action of driving while extremely intoxicated satisfies the mental state requirement. However, for specific intent crimes like theft or assault, the defense has a better chance since the prosecution must prove actual intent beyond merely performing an action.

Limits and Challenges of an Intoxication Defense

While intoxication can potentially provide a defense in some cases, there are limits and difficulties in pursuing this strategy:

• Strict requirements – The intoxication must be completely unexpected and debilitating to support a defense. Merely being drunk or high is not enough.
• Not allowed for general intent crimes – Many states prevent defendants accused of crimes like DUI from claiming an intoxication defense. Simply committing the prohibited act satisfies the mental state requirement.
• Limited to certain specific intent crimes – Some states only recognize voluntary intoxication for more serious specific intent offenses like premeditated murder.
• Hard to prove extreme impairment – The defense must provide convincing evidence of the defendant’s mental state. This can require complicated toxicology and pharmacology expert testimony.

Additionally, an intoxication defense often relies heavily on the defendant’s own testimony about their unexpected level of impairment. Their credibility may be called into question on cross-examination.

Prosecutors also typically argue that anyone choosing to drink or take drugs should foresee the possibility of becoming extremely impaired. Responsibility for criminal acts should not be excused due to intoxication.

Consulting an Experienced Criminal Defense Attorney

Determining if an intoxication defense applies to your charges and successfully asserting such a claim in court requires in-depth legal knowledge and skillful advocacy. Very few defendants are able to effectively pursue this defense at trial without an experienced criminal defense lawyer.

An attorney can assess the specifics of your case, advise you on the viability of an intoxication defense, and handle the complex arguments necessary to overcome common prosecution challenges. This provides the best chance at beating your charges and avoiding a conviction.

Resources

• Video overview of intoxication defenses
• Article on recent cases involving intoxication claims
• Wikipedia pages for involuntary intoxication and voluntary intoxication
• FindLaw section on intoxication and criminal liability