INTOXICATION

intoxication,n. A diminished ability to act with full mental and physical capabilities because

of alcohol or drug consumption; drunkenness. See Model Penal Code § 2.08.[Cases: Criminal Law

52–57; Homicide 821; Negligence 239, 535(14). C.J.S. Criminal Law §§ 109–113; Negligence §§ 128–129, 252.] — intoxicate,vb.

culpable intoxication.See voluntary intoxication.

involuntary intoxication.The ingestion of alcohol or drugs against one’s will or without one’s knowledge. • Involuntary intoxication is an affirmative defense to a criminal or negligence charge.

[Cases: Criminal Law 56. C.J.S. Criminal Law § 111.]

pathological intoxication.An extremely exaggerated response to an intoxicant. • This may be

treated as involuntary intoxication if it is unforeseeable.

public intoxication.The appearance of a person who is under the influence of drugs or alcohol in a place open to the general public. • In most American jurisdictions, public intoxication is considered a misdemeanor, and in some states, alcoholism is a defense if the offender agrees to attend a treatment program. [Cases: Chemical Dependents 4.1.] self-induced intoxication.See voluntary intoxication.

voluntary intoxication.A willing ingestion of alcohol or drugs to the point of impairment done with the knowledge that one’s physical and mental capabilities would be impaired. • Voluntary intoxication is not a defense to a general-intent crime, but may be admitted to refute the existence of a particular state of mind for a specific-intent crime. — Also termed culpable intoxication; self-induced intoxication.

[Blacks Law 8th]