Intoxication due to a defendant’s voluntary consumption of drugs or alcohol isn’t usually a defense to criminal charges—but if the intoxication was involuntary, it may be a defense on the basis that the defendant did not understand what he was doing or that what he was doing was wrong. And some states allow a defendant to assert a defense that his voluntary intoxication prevented him from forming the specific intent to commit the crime (attempted murder, for example). But this is a question of fact that the jury will usually determine.

The availability and definition of any defense to criminal charges based on the defendant’s voluntary or involuntary intoxication is usually located in a state’s statutes—often in the penal or criminal code.

In Alaska, as in many states, voluntary intoxication is generally not a defense to criminal charges. This means that being under the influence of drugs or alcohol by one's own decision does not excuse criminal behavior or negate the required mental state for most offenses. However, Alaska law does recognize that involuntary intoxication—where a person is forced to consume a substance or does so unknowingly—may be a defense if it prevents the defendant from understanding the nature and quality of their actions or from knowing that what they were doing was wrong. Regarding specific intent crimes, such as attempted murder, a defendant in Alaska may argue that due to voluntary intoxication, they were incapable of forming the specific intent necessary to commit the crime. This is a complex area of law, and whether intoxication can be a defense is ultimately a question of fact for the jury to decide, based on the circumstances of each case and the applicable state statutes.