Should I use intoxication as a defense to a crime?
Question Details:
Last week, I was on a business trip. I went across the street to a bar and ended up having too many drinks too fast, and blacked out. Next thing, I was arrested for a misdemeanor B&E. I am from the south, and the temperature dropped probably to 30 degrees. I imagine I was trying to find shelter, but definitely not trying to commit a crime. Like I said, I blacked out. They did not charge me with anything drinking related, but that is my only explanation for my weird behavior. Should I tell the judge I was drinking or can that result in a new charge? I have a DUI from 4 years ago.
DUI / DWI Law Answers
Voluntary intoxication isn't a legally good enough justification to get you acquitted. However, your explanation might make a small difference in your favor on sentencing, since (if believed) it shows that you weren't trying to steal anything or hurt anyone.
I doubt that the DUI makes a difference here. If you're worried that the judge will come down harder on you because you have an apparent drinking problem, I'd suggest starting some sort of meaningful treatment, at least start going to A.A. meetings, so that you don't get sentenced to an inpatient program. To paraphrase Jeff Foxworthy's tag line, if you get so drunk you pass out and wake up under arrest, you might be an alcoholic.
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