Voluntary intoxication, often associated with social settings and personal choices, carries significant legal implications, especially in criminal cases. If you’re dealing with criminal charges in Colorado, you may be struggling with the concept of intoxication and how it might apply to your case. It’s a complex legal issue fraught with misconceptions.
Voluntary intoxication occurs when someone willingly consumes alcohol or drugs, impairing their physical and mental abilities. In Colorado, voluntary intoxication does not excuse criminal behavior but can influence certain aspects of a criminal case.
Below, our team explains the legal concept of voluntary intoxication in Colorado, its implications for criminal cases, and how it differs from involuntary intoxication and its defense.
Voluntary Intoxication As Defined by Colorado Law
In Colorado, voluntary intoxication refers to being intoxicated due to substances willingly consumed, with the knowledge or reasonable expectation of their intoxicating effects. This includes alcohol, drugs, or other substances.
Under Colorado law, you cannot use voluntary intoxication as a defense in criminal cases. However, it can be considered when determining the specific intent required for certain crimes. For instance, in cases like first-degree murder that demand the specific intent to kill, voluntary intoxication might be used to argue that the defendant couldn’t form the required intent because of their intoxication.
When Intoxication Matters in Criminal Cases and DUI Charges
The impact of voluntary intoxication varies significantly depending on the specific crime.
Specific Intent Crimes
These crimes require a particular mental state, such as the intent to commit murder or theft. Evidence of intoxication can potentially reduce the severity of the charges or lead to an acquittal if it prevents you from having the ability to form the necessary intent.
For example, suppose you are accused of a violent crime, and the State charged you with the highest level offense possible for that crime. Your lawyer might argue that your intoxicated state prevented you from forming the required intent necessary to support the severe charges. This may not completely absolve guilt, but it could result in a lesser charge or reduced sentence.
General Intent Crimes
General intent crimes require a general awareness of one’s actions as opposed to a specific intent. For example, if you assaulted someone and hurt them physically—you might be aware you assaulted them, but you might not have specifically intended to physically harm them. The general awareness that you assaulted them is enough to sustain the charge in these cases.
Voluntary intoxication is generally not a defense for general intent crimes. In these cases, the focus is on the action rather than your specific intent.
DUI Charges
A common situation where voluntary intoxication is relevant is in driving under the influence (DUI) cases. Colorado enforces strict DUI laws, and driving while voluntarily intoxicated is a serious offense. The state employs a per se DUI law, meaning that if your blood alcohol concentration (BAC) is 0.08% or higher, you are automatically considered impaired. Voluntary intoxication cannot be used to challenge the DUI charge itself, but it may play a role in sentencing or plea negotiations. If your BAC surpasses the legal limit, you will be considered guilty of DUI, even if you didn’t feel intoxicated.
Involuntary Intoxication vs. Voluntary Intoxication
What Is Involuntary Intoxication, and How Does it Differ from Voluntary Intoxication?
Voluntary intoxication involves a conscious decision to consume an intoxicating substance. Involuntary intoxication occurs when you become intoxicated without your knowledge or against your will. Examples include someone slipping drugs into your soda without your knowledge or having an adverse reaction to prescribed medication.
Involuntary Intoxication Defense
In Colorado, involuntary intoxication as a defense can be used to argue that you were unable to understand the nature of your actions due to your unexpectedly intoxicated state. However, it is more difficult to prove than voluntary intoxication. It requires proving that the intoxication was involuntary and then proving that this intoxication directly caused the criminal behavior.
How Can a Defense Attorney Use Involuntary Intoxication As a Defense?
When dealing with cases involving voluntary intoxication, defense attorneys must thoroughly investigate the circumstances of the intoxication, your intent, and the specifics of the alleged crime. They may use expert testimony to explain how the intoxication impacted your mental state. Negotiating plea deals or alternative sentencing options might be part of the strategy to mitigate the consequences.
FAQs About Voluntary Intoxication in Colorado
Can I Be Charged with a Crime If I Was Unconscious Due to Intoxication?
It depends on the circumstances. If you committed a crime while unconscious, it might be challenging to prove the necessary mental state. However, the specific facts of the case matter.
How Does Voluntary Intoxication Affect DUI Cases?
In DUI cases, voluntary intoxication does not provide a defense against the charge itself. Colorado’s DUI laws are strict, and a BAC of 0.08% or higher results in an automatic presumption of impairment. Intoxication may, however, play a role in determining sentencing outcomes or negotiating plea deals.
What If I Was Pressured Into Drinking or Using Drugs?
Although pressure or coercion may be factors in some cases, they usually do not eliminate the responsibility of voluntary intoxication. The critical consideration is whether you were aware of consuming the substances.
Can I Be Charged with a Crime If I Was Too Intoxicated to Remember What Happened?
Yes, it’s possible. Lack of memory doesn’t necessarily prevent criminal charges. The prosecution may rely on other evidence, such as witness testimony or physical evidence.
Can Involuntary Intoxication Lead to a Dismissal of Charges?
Charges may be dismissed if your lawyer can demonstrate that you were involuntarily intoxicated and that this directly caused the criminal behavior. This defense requires substantial evidence and legal experience.
What Should I Do If I’m Facing Charges Involving Intoxication in Colorado?
Contact a skilled criminal defense attorney immediately. They can evaluate your case, collect evidence, and formulate a robust defense strategy customized to your circumstances. When dealing with cases of this complexity, having legal representation is essential.
Your Future Deserves the Best Defense. Let Us Help You Achieve It.
Facing criminal charges involving intoxication in Colorado can be daunting. At Mark S. Rubinstein, P.C., we have over 25 years of extensive experience, knowledge, and a proven track record of successfully defending clients against various charges. We are dedicated to fiercely protecting your rights and delivering the strongest defense possible for your case.
Contact us today for a confidential consultation. Our team will listen carefully to your case details, thoroughly explain your legal options, and craft a personalized defense strategy to safeguard your future.
