Whether intoxication is a valid defense to a criminal offense will usually hinge on whether the intoxication is voluntary or involuntary – and what state the crime occurs in. Voluntary intoxication occurs when a person willfully and knowingly drinks alcohol with the clear knowledge that it could result in drunkenness.
Involuntary intoxication could occur when a person drinks punch at a party after being told the punch has no alcohol in it. If you are facing criminal charges, it is important to speak to an experienced Aurora, IL criminal defense attorney who can assess the facts and evidence in your case and build a comprehensive defense.
What is a Specific Intent Crime, and How Does Involuntary Intoxication Relate?
A specific intent crime is one that the defendant intentionally committed with the intent to cause a particular result. (Knowing the probable outcome is not the same as specifically intending to cause the result). If the language in a state criminal statute uses words like “voluntarily,” “willfully,” or “knowingly,” it is likely a general intent crime. If the statute requires specific intent for a crime, then involuntary intoxication could be a defense.