Dedicated Texas Criminal Defender

Can an intoxication claim play a role in your defense strategy?

On Behalf of | Aug 3, 2022 | Criminal defense

Alcohol is a known disinhibitor. It doesn’t necessarily change your personality entirely, but it will free you to do things that you might otherwise recognize as inappropriate. When you have had too much to drink, you might lose control of your temper and get into a physical fight with someone you know or even a total stranger at a sports bar.

Nothing makes a hangover worse than realizing a moment of drunken stupidity has led to criminal accusations against you, like claims of assault. You know that you would never usually let things become that heated, and you may wonder if you can use your intoxication as part of your defense strategy.

If you find yourself facing assault charges or similar criminal allegations, can you use your alcohol impairment as a form of affirmative defense?

Voluntarily drinking means accepting the risks involved

You know how alcohol affects you. Maybe you are usually a silly drunk who laughs at every little thing, or maybe you know you need to slow down on the beer when your team starts losing because your mood turns sour.

There are risks that come with consuming alcohol, from the possibility of an adverse physical reaction, such as vomiting, to choices that may have lasting consequences Las Vegas wedding. In Texas, when you choose to drink or use other mind-altering substances, you are responsible for the choices that you make while under the influence.

The state specifically prohibits claims of voluntary intoxication as a form of affirmative defense. If you chose to drink, you can’t then claim that you lack the criminal intent to break the law while under the influence. In rare cases where people can show that someone else drugged them, their involuntary intoxication could be a defense. Such claims are incredibly rare and also maybe quite difficult to prove.

There are many viable defense strategies

Every criminal defense is inherently unique because every crime involves unique considerations. From the nature of the offense itself to the evidence the state intends to present, there are numerous variables that will influence your best defense strategy.

Learning more about criminal defense rules in Texas can help you fight back against your upcoming criminal charges.