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 Nebraska, voluntary intoxication is generally not a defense to criminal charges. The state's legal position is that individuals are responsible for their actions when they voluntarily consume drugs or alcohol. However, involuntary intoxication can be a defense if it can be shown that the defendant was incapable of understanding the nature and quality of their actions or that their actions were wrong due to the intoxication. This might apply in situations where the defendant was drugged without their knowledge or consent. As for voluntary intoxication, Nebraska law does allow for it to be considered when the crime charged requires specific intent, such as attempted murder. In these cases, the defendant may argue that due to intoxication, they were unable to form the specific intent necessary for the crime. Ultimately, whether intoxication affected the defendant's ability to form specific intent is a question of fact for the jury to decide. The relevant statutes and case law would be found in Nebraska's penal code and interpreted through judicial decisions.