People who are intoxicated at the time of a criminal event may want to blame that impairment. They often claim that there was no intent to commit a crime, but they acted in a way that was out of character or out of the norm for them personally. They never would have done the same thing if they were sober.
For example, someone may be accused of shoplifting from a store. But they claim they were just impaired, so they got confused or made a mistake. Even if they did it on purpose, they may say that the alcohol impairment reduced their inhibitions, causing them to engage in risky behavior. If they had been sober, they certainly would have just paid for the items, and so they never intended to do anything wrong.
Involuntary intoxication
As a general rule, no, intoxication itself cannot be used as a defense. If someone decides to drink alcohol and then breaks the law, they are still responsible for their own decisions and actions. A person who robs a store while under the influence is still guilty of robbing the store, regardless of their level of impairment.
The only time when intoxication can sometimes be used as a defense is if it was involuntary. For instance, perhaps a person never drinks alcohol and did not intend to, but another person spiked their drink. Because of this unintended intoxication, that person then broke the law and was arrested. They may claim that the fault lies with the person who spiked their drink and caused them to be intoxicated against their will.
It is important to look into your criminal defense options to understand what will and will not work when facing serious charges, and it can help to work with an experienced defense attorney at this time.
