Voluntary intoxication is generally not a defense to a crime, but it may reduce the charge in a few cases where a specific intent is required. For instance, a man charged with first-degree murder may be convicted of second-degree murder by proving that he was so drunk he was incapable of premeditating the killing.
You can use involuntary intoxication as a defense only if you weren’t sober enough to realize what you were doing and could not control your actions. Suppose somebody at a party drops a powerful drug in your drink without your knowledge. Or you’ve been told that the punch you’re drinking is nonalcoholic, when it was actually spiked. The next morning you wake up in jail wondering what had happened. You learn that you were on a criminal rampage the night before. You cannot be held guilty for your actions because you were so drunk or high on drugs that you didn’t know what you were doing because in this case, your intoxication was involuntary, against your knowledge and will.
If you have been arrested contact criminal lawyer Sacramento Richard Allaye Chan Jr., for free consultation. Call (916) 446-4400 today.
Allaye Chan Law
1000 G Street, Suite 220
Sacramento, CA 95814