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 Maryland, voluntary intoxication is generally not a defense to criminal charges. However, Maryland law recognizes that involuntary intoxication can be a defense if it can be shown that the defendant was unable to appreciate the criminality of their conduct or conform their conduct to the requirements of the law due to the intoxication. This means that if someone was drugged without their knowledge or consent, they may have a defense to criminal charges. As for voluntary intoxication, it may be considered by the court in very limited circumstances, particularly when it negates the specific intent required for certain crimes. For example, if a crime requires the intent to kill for a conviction of attempted murder, and the defendant was so intoxicated that they could not form that specific intent, this might be a defense. However, this is a complex area of law and whether intoxication can be used as a defense will depend on the specific facts of the case and is ultimately a question for the jury to determine. It's important to consult with an attorney for guidance on how these defenses might apply in a particular case.