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 Florida, voluntary intoxication is generally not a defense to criminal charges. Florida law holds individuals accountable for crimes committed while voluntarily intoxicated, as voluntary intoxication is not considered an excuse for criminal behavior. However, if the intoxication is involuntary—meaning the defendant was drugged without their knowledge or against their will—it may serve as a defense if it can be shown that the defendant was unable to understand the nature of their actions or distinguish right from wrong. The defense of involuntary intoxication would need to be proven by the defendant and is typically a question of fact for the jury to determine. As for voluntary intoxication, Florida law does allow for it to be considered when specific intent is an element of the crime. This means that if a defendant was so intoxicated that they could not form the specific intent required for a particular crime, such as attempted murder, this may be a defense. However, this is also a factual determination for the jury to decide. The relevant statutes can be found in the Florida Statutes, particularly within the chapters dealing with criminal offenses and defenses.