Intoxication due to a defendant’s voluntary consumption of drugs or alcohol isn’t usually a defense to criminal charges—but if the intoxication was involuntary, it may be a defense on the basis that the defendant did not understand what he was doing or that what he was doing was wrong. And some states allow a defendant to assert a defense that his voluntary intoxication prevented him from forming the specific intent to commit the crime (attempted murder, for example). But this is a question of fact that the jury will usually determine.

The availability and definition of any defense to criminal charges based on the defendant’s voluntary or involuntary intoxication is usually located in a state’s statutes—often in the penal or criminal code.

In Georgia, as in many states, voluntary intoxication is generally not a defense to criminal charges. Georgia law holds that a person cannot avoid criminal liability simply because they were under the influence of drugs or alcohol at the time of the offense. However, there are exceptions where involuntary intoxication may be considered a defense. Involuntary intoxication can occur if the defendant was coerced into consuming the substance or was unaware they were consuming it due to it being administered without their knowledge. This could potentially negate the required mental state for a crime, if the defendant can prove they were incapable of understanding the nature of their actions or determining right from wrong. As for voluntary intoxication, it may be relevant in Georgia in limited circumstances where a crime requires a specific intent. If the defendant can demonstrate that their intoxication prevented them from forming the specific intent necessary for the crime, it may be a defense. However, this is a complex issue and typically a question of fact for the jury to decide. The specifics of these defenses and their applicability would be detailed in Georgia's penal code and interpreted through case law.