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intoxication | Wex | US Law | LII / Legal Information Institute
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intoxication
Intoxication is a defense available to defendants in criminal law cases. A defendant using this defense contends that they should not be held responsible for a crime due to a compromised mental state that hindered their ability to form the necessary intent or mens rea. Many states, such as California, distinguish between voluntary and involuntary intoxication and only allow the defense to be raised in cases of involuntary intoxication.
- Involuntary intoxication occurs when a person unknowingly consumes an intoxicating substance—such as liquor or drugs—due to force or deceit. Many jurisdictions recognize involuntary intoxication as a valid defense to a crime. In these jurisdictions, a defendant can admit evidence of their intoxication to show that they did not appreciate the wrongfulness of their conduct when committing the crime and should not be held liable. See: CALCRIM No. 3427. Involuntary Intoxication
- Voluntary intoxication refers to the intentional consumption or injection of any beverage, drug, or other substance that the individual knows can lead to intoxication. The Supreme Court in Montana v. Egelhoff held that states are constitutionally permitted to eliminate the voluntary intoxication defense, and many states have done so.
- For example, Delaware does not permit the defendant to admit any evidence of voluntary intoxication. Other states, such as California, allow defendants to raise voluntary intoxication only in cases of specific intent crimes (as opposed to general intent crimes) and only to prove whether the defendant acted with the necessary mens rea to establish criminal liability. However, evidence of voluntary intoxication cannot be brought to negate or lessen a charge due to the inability to form the mental state of the crime charged.
The state of Intoxication, under the influence of alcohol or drugs, can also be a crime in itself in certain circumstances, such as DWI/DUI violations and public intoxication.
[Last reviewed in October of 2024 by the Wex Definitions Team]
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