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 Kentucky, as in many states, voluntary intoxication is generally not a defense to criminal charges. Kentucky law holds that voluntary intoxication does not excuse criminal conduct or negate the requisite mental state of a crime. However, if the intoxication is involuntary, meaning the defendant was forced to consume alcohol or drugs or did so unknowingly, it may serve as a defense if it can be shown that the defendant was incapable of understanding the nature or wrongfulness of their actions. The defense of involuntary intoxication would typically need to be proven by the defendant and would be a question of fact for the jury to determine. The specific statutes and case law in Kentucky would provide further guidance on how these defenses are applied and under what circumstances they may be considered by the court.