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 Louisiana, voluntary intoxication is generally not a defense to criminal charges. The state's legal system operates under the principle that voluntary consumption of drugs or alcohol does not excuse criminal behavior. However, if the intoxication was 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 incapable of understanding the nature of their actions or that their actions were wrong. In cases where specific intent is an element of the crime, such as attempted murder, a defendant in Louisiana may argue that their voluntary intoxication prevented them from forming the requisite intent. This is a complex issue and whether intoxication can negate specific intent is ultimately a question of fact for the jury to decide. The relevant laws and defenses are typically found in the Louisiana Revised Statutes, particularly within the criminal code.