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 North Carolina, voluntary intoxication is generally not a defense to criminal charges. However, if a defendant was involuntarily intoxicated—meaning they were not aware they were consuming alcohol or drugs or were coerced into doing so—that may serve as a defense if it can be shown that the defendant was incapable of understanding the nature of their actions or distinguishing right from wrong. For specific intent crimes, such as attempted murder, a defendant in North Carolina may argue that due to voluntary intoxication, they were unable to form the requisite specific intent to commit the crime. This is a complex defense that requires careful analysis of the facts, and ultimately, it is up to the jury to determine the validity of such a defense based on the evidence presented. The relevant laws and defenses are typically found in the state's penal or criminal statutes.