How to Use Alcohol As a Defense in a Criminal Case

You have the right to defend yourself in any criminal matter. If you hire an attorney, he or she is obligated to tell the truth, as are you. Depending on your crime, you may be able to use the consumption of alcohol as a defense. This also depends on specific circumstances.

Instructions

    • 1

      Verify the charges against you. Some crimes have specific intent while others have general intent. For general intent, the prosecution does not have to prove that you meant to do something in particular. Thus, your alcohol defense will hold little weight in those manners. Your attorney will be of great assistance in identifying your exact charges and the burden you must meet to defeat those charges.

    • 2

      Inform your attorney of your situation. If you choose not to hire an attorney, you will have to give your version of the facts in court. Never lie to your attorney or to the court. The penalties for doing so will only make matters worse for you. If you voluntarily consumed alcohol, your defense will be more difficult to raise. If you fell prey to a spiked drink, perhaps you have a better chance of prevailing.

    • 3

      Wait for a result. The judge will deliver the verdict in your case. Remain respectful and act politely regardless of the outcome. If you prevail, do not celebrate. If you lose, say "thank you," and walk away calmly.

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