Will You Go Free if You Were Intoxicated Or Stoned on Drugs
by editor on Mar.27, 2010, under News
Many of us take for granted that a person on trial in a criminal case may likely be set free because of being drunk or high on drugs when he committed he crime they are charged with.
The usual argument is that the defendant’s mental functioning was so out of whack that they cannot be considered respondible for their actions.
Generally, however, if the intoxication is voluntary it is not accepted as an excuse for criminal behavior.. People are quite aware the impact alcohol or drugs have on their their mental functioning, and thus they have no good excuse if they commit crimes as a result of their voluntary actions.
This general principle does not hold at all times and in all states. For example where the crime commited required “specific intent”. If the defendant is accused of committing a crime that requires what’s known as “specific intent” (intending the precise consequences, as well as intending to do the physical act that leads up to the consequences), the defendant may claim that he was too drunk or high to have formed the specific intent.
This is only a partial defense, however, because it doesn’t entirely excuse the defendant’s actions. As a result the defendant will very often be convicted of another crime that doesn’t require 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 Boulder DUI 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
