In a criminal trial, there are many defenses that can be raised by a defendant but being drunk or impaired on other drugs is generally not one of them. Being under the influence of drugs or alcohol can indeed affect your state of mind, which seems like it could be a valid defense to a criminal act. But for most criminal defendants, an intoxication defense is not available.

Most crimes require some element of intent. It’s not a crime if it happens by accident. You must have the mental state or state of mind (also known as “mens rea”) required for the crime you are accused of committing. Simply put, you must be trying to commit a crime. This is called specific intent. Examples of some state criminal charges that meet this requirement include first degree murder, theft, and burglary.

Of course, just because there is no specific intent to hurt someone or steal from them doesn’t mean there are no consequences for bad actions. There are also general intent crimes that require that a person meant to commit the crime but not necessarily with the intent that a specific result would occur. Examples of some state criminal charges involving general intent include assault, DUI and involuntary manslaughter. For example, you may not have intended to drive drunk when you set out that night, but if you got behind the wheel while intoxicated, that is enough intent for you to have committed a crime. No drunk driver wants to kill innocent bystanders, but if you do you’ll still face serious criminal penalties, usually some form of manslaughter.

In some cases, a person will get so intoxicated that they arguably can’t form the necessary intent to commit a crime. This is when the state of intoxication for the accused may come into play as a legal defense.

Voluntary intoxication happens when a person decides to drink alcohol or take drugs and then commits a crime. Some states prohibit a voluntary intoxication defense but allow it as a mitigating factor. This may lessen the charge and level of criminal liability. Typically, in states where this defense is permitted, voluntary intoxication is not enough to excuse the criminal conduct of the accused except for theft. If a person gets so drunk they don’t realize they’re taking property that’s not their own, it can act as a defense because you must have the specific intent to deny someone their property when you steal it from them.

An involuntary intoxication defense is different from voluntary intoxication in that the person did not intend to become intoxicated but had their drink or food spiked with an intoxicating substance without their knowledge. This can be an affirmative defense, meaning the person would admit to the criminal conduct but explain their action only happened because of the effect of the substance which they did not voluntarily ingest.

If you or a loved one is in a bind as a result of a criminal charge (traffic related or otherwise), immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.