Will You Go Free if You Were Drunk Or High on Drugs

Many people take for granted that a person on trial in a criminal case can be set free because of being drunk or high on drugs when he committed a crime.

The usual argument is that the defendant’s mental functioning was so out of whack that they cannot be considered respondible for their actions.

Usually, however, voluntary intoxication does not excuse criminal conduct. People know (or should know) that alcohol and drugs affect their mental functioning, and so they cannot be excused if they commit crimes as a result of their voluntary use.

This general principle does not hold at all times and in all states. For instance where the crime commited required “specific intent”. When that happens the defendant may claim that he was too drunk or high to have had that intent.

This is only a partial defense, however, because defendant’s actions are only partially excused. As a result the defendant will usually be convicted of lesser crime that doesn’t need proof of a specific intent - for example, assault with a deadly weapon instead of assault with the intent to commit murder.

Steven Louth is a Weld County criminal lawyer who exclusively practices Criminal Defense Law. If you need the help of an exceptionally experienced and dedicated attorney contact Steven Louth for a free case evaluation - 303-442-2297