Voluntary Intoxication

Request a Consultation

Is Voluntary Intoxication a Defense to a Criminal Charge?

The short answer is a resounding “no.” In 1999, the Florida Legislature passed Fla. Stat. 775.051 which eliminated voluntary intoxication as a defense to any offense proscribed by law. The only exception occurs when the intoxication occurs pursuant to a valid prescription issued by a person authorized by law to issue such a prescription.

drinking and drivingOf course, it is still a defense to a crime that a person could not form the necessary intent (or mens rea) for the particular crime due to involuntary intoxication. In other words, if a person became intoxicated because someone drugged their drink without their knowledge, their criminal conduct may be excused. However, if the alleged crime is a general intent crime, as opposed to a specific intent crime, then even involuntary intoxication will not be a defense.

In Patrick v. State, 104 So. 3d 1046 (Fla. 2012)., the defendant introduced evidence of drug use and alcohol use prior to the crime of murder. The Court instructed the jury that involuntary intoxication was not a defense and the defendant objected to the instruction as an improper comment on the evidence.

Intoxication could not be used to suggest that he lacked the necessary mental state to commit the crime. The defendant’s argument that intoxication could be used to suggest that the incident was an accident as opposed to a crime that occurred out of ill will is tantamount to an argument that voluntary intoxication negated the intent necessary to convict the defendant of second degree murder. As second degree murder is a general intent crime, voluntary intoxication is not a defense to the charge even without the effect of the statute.

In his statement to police, which was played at trial, Patrick repeatedly mentioned how much he had drunk, how he had been “eating” pills, and that he was paranoid because of his intoxication. Although he alleges that he was not seeking a voluntary intoxication defense, the evidence presented could have led a jury to believe that premeditation didn’t exist due to his intoxication. As such, the Supreme Court held that the trial court did not err in instructing the jury on the current status of the law—that voluntary intoxication is not a defense.

Call a Valrico Criminal Defense Attorney Today!

When you or a loved one is facing a criminal charge, you need to know what defenses are and ar not available. Adam Bantner is a board certified criminal traial attorney in Valrico, FL and is trained to expertly handle your case. Call us today at 813.397.3965 to set up your free one-hour consultation.

Florida Bar

Adam Bantner – Criminal Defense Attorney at Law

If you are in need of an expert criminal defense attorney specializing in legal defense against DUI, traffic, criminal, violent crime charges, or a personal injury – you’ll find it here.

Adam L. Bantner, II is a Board Certified Criminal Trial Attorney representing those accused of crimes in Hillsborough and Polk counties. He is the Past President of the Hillsborough County Association of Criminal Defense Attorneys., is a Super Lawyers Rising Star, and AVVO rated “Superb.” Adam is a member of Valrico Law Group.

Request a Consultation


Valrico Law Group Mobile Criminal Defense Attorney
Personal Injury and Violent Crime

Adam Bantner, II is a Board Certified Criminal Trial Law Attorney representing those accused of crimes in Hillsborough and Polk Counties. When you are facing criminal charges, you want an expert in your corner. The Florida Bar has recognized Adam as an expert criminal defense attorney.

I have been defending the accused since 2006 and am Past President of the Hillsborough County Association of Criminal Defense Attorneys.

I have tried over 30 jury trials, on charges ranging from driving on a suspended license to murder.

In addition, I am a Brandon personal injury attorney. If you’ve been injured through no fault of your own, give me a call to see how we can help!

I approach each case on the principle that every client deserves zealous representation, with attention to detail and to their individualized needs. My mission is to get the best possible result for every client, in every case, every time. Give me a call to see how I can assist you to get the best results in your case. I are here to help.