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 New Jersey, as in many states, voluntary intoxication is generally not a defense to criminal charges. Defendants cannot excuse their criminal behavior by arguing that they were under the influence of drugs or alcohol by their own choice. 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 knowing what they were doing or understanding that it was wrong. New Jersey law does recognize that in specific intent crimes, such as attempted murder, voluntary intoxication may be considered by the jury to determine whether the defendant had the necessary mental state to commit the crime. This is a factual determination that would be made by the jury during the trial. The relevant statutes and case law would provide the specific applications of these principles in criminal proceedings.