| Intoxication is defined as a change in a person's mental or physical capacity as a result of the introduction of any substance into the person's body, regardless of whether the substance is alcohol or a drug. Voluntary intoxication is when a person voluntarily places himself or herself in an intoxicated condition. Voluntary intoxication is generally not a defense to the commission of a crime, even if it makes a person unaware of his or her surroundings, makes him or her unconscious, or gives him or her no memory or understanding of his or her offense.
Voluntary intoxication may be raised at the punishment stage of a defendant's trial in order to mitigate the defendant's punishment. The defendant may introduce evidence of his or her temporary insanity as a result of his or her voluntary intoxication. However, the evidence of voluntary intoxication cannot conflict with a jury's finding of guilt. For example, in an offense that does not involve the defendant's specific intent to commit a crime, such as involuntary manslaughter, the defendant cannot claim that he or she did not know that his or her conduct was wrong as a result of his or her voluntary intoxication because the offense of involuntary manslaughter does not require a specific intent.
In order to prove temporary insanity as a result of voluntary intoxication, a defendant must show that he or she did not know that his or her conduct was wrong at the time of his or her offense. The defendant's mere inability to remember committing the offense raises the issues of temporary insanity as a result of voluntary intoxication.
Involuntary intoxication is an affirmative defense to a criminal offense. Involuntary intoxication means that a defendant took a substance against his or her will and without his or her knowledge, which intoxication caused the defendant to not know that his or her conduct was wrong. Involuntary intoxication is a form of temporary insanity. The defense does not apply to persons who were unconscious or semi-conscious during the commission of an offense. The defense only applies when the defendant was unaware of the intoxicating substance, was forced to ingest the intoxicating substance, or ingested legally prescribed drugs that caused an unforeseen intoxication. However, if the defendant abused the legally prescribed drugs, his or her use of the drugs is voluntary and the defense of involuntary intoxication does not apply.
Because the defense of involuntary intoxication is an affirmative defense, a defendant has the burden of producing evidence of his or her involuntary intoxication and to persuade a judge or a jury that he or she did not know that his or her conduct was wrong as a result of his or her involuntary intoxication.
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