Being under the influence of alcohol or drugs can affect your decision making, and because some crimes require intent, some people wonder if intoxication is a valid form of defense. In today’s blog, we explain if intoxication is a valid legal defense, and what your options are if you are being charged with a crime that occurred while you were under the influence of alcohol or drugs.
Intoxication Defense
We’ll cut right to the chase and say that it’s very rare that intoxication would be considered a valid legal defense. You don’t just get to get drunk or high and claim immunity for your actions. In cases where intent is involved, intoxication may be used to prove that the person acted impulsively or without premeditation, but you’re not going to be able to murder or assault someone and be found innocent because you were highly intoxicated.
More often, intoxication may be used as an argument during sentencing to push for a reduced sentence. For example, if you burned down your neighbor’s shed or defaced a building while you were intoxicated, your lawyer may push for a more lenient sentence because you were in an altered state of mind at the time of the incident. Of course, for this to be considered you’ll likely need to commit to substance abuse or alcohol counseling along with other measures to reduce your likelihood of reaching this level of intoxication in the future, but you may be able to push for a lighter sentence for your actions if you also concede to addressing the underlying substance issue.
That said, don’t just assume that an intoxication defense will lead to a reduced sentence. It’s also possible that the judge will see your decision to reach this level of intoxication as negligence and in turn deliver a harsher sentence. How intoxication affected your decision making and how it will affect your case will be evaluated on a case by case basis, so it’s helpful to connect with a lawyer and explain your side before determining how to frame your intoxication during your defense.
At the end of the day, you can still form intent while you’re intoxicated, and being intoxicated doesn’t always mean that you’ll get the benefit of the doubt from the court. It’s possible that your intoxication could lead to a lighter sentence if you commit to alcohol counseling, but it’s never a guarantee. It’s always in your best interest to speak with a criminal defense lawyer to help develop the best defense strategy for trial. A lawyer may even be able to negotiate with the prosecution into accepting a plea deal to lesser charges if intent may be harder to prove as a result of your intoxication.
Try to set yourself up for success if you plan on consuming alcohol, and don’t put yourself in a situation where you may make poor decisions as a result of your intoxication. If you run into trouble along the way or need help building a defense for your criminal case, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
