Intoxication is not a defense to a crime. However, evidence of intoxication by drugs or alcohol can potentially eliminate an element of a charged crime. In raising this issue, you must show that you could not form the mental state required to commit the crime. To be successful, you need to establish the significant impact of the drugs or alcohol. The level of intoxication is greater than simply being drunk or under the influence or drugs. In most cases, intoxication does not eliminate a criminal act, but may be used to reduce the potential criminal exposure by changing an intentional act to a reckless one.
