Many bad decisions begin with mind-altering substances. People out drinking after a long week at work might leave their boss an inappropriate voicemail or start a fight with their spouse. Individuals under the influence of drugs or fearing withdrawal symptoms might commit crimes to ensure they have continued access to their particular drug of choice.

Many arrests take place while individuals are still under the influence of drugs or alcohol. When they sober up, they may insist that they never behave that way while sober. Chemical impairment can have a profound impact on people’s overall behavior and their decision-making.

Can those accused of crimes committed while under the influence of substances raise a defense based on their impaired chemical state?

Intoxication usually does not eliminate culpability

People largely understand that their behavior and personalities may change while they are under the influence of drugs or alcohol. When they make the conscious decision to drink or consume drugs despite those potential changes, they must accept responsibility for their conduct.

While it is true that intoxication affects the ability to provide informed consent or sign a contract, people cannot exonerate themselves by proving they were under the influence. There are many prior criminal court cases where judges have held defendants accountable despite clear evidence of their intoxication at the time of a criminal incident. In fact, state statutes explicitly warn people that intoxication does not eliminate their responsibility for criminal activity.

Anyone who chooses to consume drugs or alcohol has to accept the consequences of that decision. If they break the law while they are under the influence, they may find themselves facing criminal charges.

There is an exception in scenarios involving involuntary intoxication. If other people drugged someone and they were not aware of their chemical state, that could influence their upcoming criminal defense strategy. In most cases, chemical impairment does not eliminate criminal intent or the risk of prosecution.

Discussing what happened that led to pending criminal charges may help a defendant consider all of their options. While an intoxication defense probably isn’t an option, there may be other criminal defense strategies that could work. Those who want to avoid a conviction often need help preparing an effective response to their pending charges.