What is voluntary intoxication, and when is it a valid defense?

Being intoxicated can cause you to do things you otherwise wouldn't have done sober. "Voluntary intoxication" happens when you become intoxicated as a result of willingly consuming a substance you were aware causes intoxication. In other words, if Bob chooses to smoke marijuana, Bob has voluntarily intoxicated himself. In contrast, if Sam gives Bob marijuana-infused brownies without telling Bob what they are, and Bob eats them thinking they are normal brownies, his intoxication will be involuntary.

Since voluntary intoxication is ultimately the fault of the defendant (since they chose to become intoxicated), it isn't a valid excuse or defense for many crimes (like those requiring negligence, malice, strict liability, or recklessness). However, it is a valid defense to crimes that require specific intent. We will discuss specific intent in other cards, but it essentially means that an element of a crime is the intention of the perpetrator to cause a specific harm.

When a perpetrator is so intoxicated that they can't form the intent required for those crimes, then they fail to meet the elements of the crime and cannot be charged with it. Similarly, a perpetrator's level of intoxication may prevent them from being charged with first-degree murder because they were unable to "deliberate" before the killing. In other words, because intoxication can prevent a person from being able to carefully consider and think through their actions, they are inherently incapable of committing crimes intended to punish those who carefully consider and think through their actions.