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How intoxication is and is not a defense to crime

On Behalf of | May 2, 2024 | Drug Charges

Alcohol and crime are often linked. Many people who commit crimes are under the influence at the time. This is most noticeable with drunk driving charges, of course, but alcohol use could also be connected to things like theft, arson, assault and much more.

As a general rule, someone cannot use intoxication as a defense to get out of the charges. If a person gets drunk and assaults another individual, that assault is still illegal. They have still violated the law and the charges aren’t going to be dropped just because they were drunk at the time. This can be shocking for someone who was so intoxicated that they blacked out and they don’t even remember the illegal activity, but impairment itself isn’t a defense.

Was there intent?

When alcohol impairment can sometimes be used in a criminal case is when there is a question of intent. Many crimes require intent, so other charges may be necessary if it wasn’t present.

For instance, imagine that a person is at someone else’s house when they get drunk and they accidentally take home a coat that isn’t theirs. For it to be theft, they would have to intend to steal and keep that coat, but they may claim that they were just intoxicated and they never intended to do anything wrong.

Once again, though, this doesn’t mean that there won’t be any charges. For a more serious example, murder charges often require intent and premeditation. But someone who gets drunk and takes a life accidentally or negligently could still be charged with manslaughter, even if intent wasn’t present and so it is not first-degree murder.

Cases like these can get very complex. Make sure you know exactly what defense options you have when facing charges.