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 York, voluntary intoxication is generally not a defense to criminal charges. New York Penal Law explicitly states that voluntary intoxication is not a defense to a criminal charge unless it negates an element of the offense such as the specific intent required for certain crimes. This means that in rare cases, if a defendant can prove that their level of intoxication prevented them from forming the specific intent necessary to commit a crime like attempted murder, it may be used as a defense. However, this is a complex issue and whether intoxication can negate specific intent is a question for the jury to decide based on the facts of the case. In contrast, involuntary intoxication can be a defense if the defendant can show that they were involuntarily intoxicated and, as a result, lacked the capacity to understand the nature of their actions or that their actions were wrong. The specific statutes governing these defenses can be found in the New York Penal Law, and an attorney can provide guidance on how these laws may apply to a particular case.