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 Utah, as in many states, voluntary intoxication is generally not a defense to criminal charges. Utah law acknowledges that voluntary intoxication does not excuse criminal behavior. However, there are limited circumstances where voluntary intoxication may be relevant to specific intent crimes. For these crimes, if the defendant was so intoxicated that they could not form the specific intent required for the crime, this may be considered by the jury. In contrast, involuntary intoxication can be a defense if it can be shown that the defendant was incapable of understanding what they were doing or that it was wrong due to the intoxication. The Utah Criminal Code would contain the specific statutes that detail the applicability and limitations of intoxication defenses. It is important to note that the application of these defenses is complex and typically requires the analysis and argument of an attorney in court.