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 New Mexico, as in many states, voluntary intoxication is generally not a defense to criminal charges. This means that if a defendant was under the influence of drugs or alcohol by their own decision, they are still held responsible for their actions under the law. However, if the intoxication was involuntary—meaning the defendant was forced to consume the substance or did so unknowingly—it may serve as a defense if it can be shown that the defendant was incapable of understanding what they were doing or that it was wrong. New Mexico law does recognize that in certain cases, voluntary intoxication may prevent a defendant from forming the specific intent necessary to commit a specific intent crime, such as attempted murder. Whether or not intoxication affected the defendant's ability to form specific intent is a factual determination typically made by a jury. The specifics of these defenses and their applications are detailed in New Mexico's statutes, particularly within the criminal or penal code.