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LSDefine

Simple English definitions for legal terms

intoxication

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A quick definition of intoxication:

Intoxication is a defense used in criminal law cases. It means that the person who committed the crime was under the influence of drugs or alcohol and couldn't think clearly. There are two types of intoxication: voluntary and involuntary. Involuntary intoxication is when someone is given drugs or alcohol without knowing it, while voluntary intoxication is when someone chooses to take drugs or alcohol. Some states allow the defense of involuntary intoxication, but not voluntary intoxication. However, being under the influence of drugs or alcohol can also be a crime in itself, such as driving while intoxicated or public intoxication.

A more thorough explanation:

Intoxication is a defense that can be used in criminal law cases. It means that the defendant claims they should not be held responsible for a crime because they were not in the right state of mind due to being under the influence of drugs or alcohol.

There are two types of intoxication: voluntary and involuntary. Involuntary intoxication is when someone is given drugs or alcohol without their knowledge or consent. Voluntary intoxication is when someone willingly takes drugs or alcohol.

Some states only allow the defense of involuntary intoxication, while others allow both types. However, even in states that allow voluntary intoxication as a defense, it may only be used in certain circumstances.

For example, in California, voluntary intoxication can only be used as a defense in cases of specific intent crimes, where the defendant had to have a specific intention to commit the crime. It cannot be used to argue that the defendant did not know what they were doing was wrong.

Intoxication can also be a crime in itself, such as driving under the influence of drugs or alcohol or public intoxication.

For example, if someone is caught driving while drunk, they can be charged with a DWI/DUI violation. This means that they were driving while under the influence of alcohol or drugs, which is a crime.

These examples illustrate how intoxication can be both a defense and a crime, depending on the circumstances.

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