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 Maine, as in many states, voluntary intoxication is generally not a defense to criminal charges. This means that a defendant cannot typically argue that because they were under the influence of drugs or alcohol, they should not be held responsible for their actions. 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, and as a result, they did not understand the nature or wrongfulness of their actions. Regarding specific intent crimes, such as attempted murder, Maine law does allow for the argument that voluntary intoxication prevented the defendant from forming the specific intent required to commit the crime. This is a complex area of law, and whether intoxication can be considered a defense is ultimately a question of fact for the jury to determine, based on the evidence presented at trial.