Is Intoxication a Valid Defense to an Illinois Crime?

 Posted on March 07, 2025 in Criminal Defense

Whether intoxication is a valid defense to a criminal offense will usually hinge on whether the intoxication is voluntary or involuntary - and what state the crime occurs in. Voluntary intoxication occurs when a person willfully and knowingly drinks alcohol with the clear knowledge that it could result in drunkenness.

Involuntary intoxication could occur when a person drinks punch at a party after being told the punch has no alcohol in it. If you are facing criminal charges, it is important to speak to an experienced Aurora, IL criminal defense attorney who can assess the facts and evidence in your case and build a comprehensive defense.

What is a Specific Intent Crime, and How Does Involuntary Intoxication Relate?

A specific intent crime is one that the defendant intentionally committed with the intent to cause a particular result. (Knowing the probable outcome is not the same as specifically intending to cause the result). If the language in a state criminal statute uses words like "voluntarily," "willfully," or "knowingly," it is likely a general intent crime. If the statute requires specific intent for a crime, then involuntary intoxication could be a defense.  

For example, if Liz tells George, "Once I mess up your face, no one will love you," and then follows that up by slicing George’s face with a knife, Liz committed aggravated battery, but with a specific intent involved – to mess up George’s face. Voluntary intoxication is a difficult defense to sell to a jury under any circumstances, but especially for a specific intent crime.

This is because intoxication is only a defense to a specific intent crime if the intoxication prevents the defendant from being able to form the specific intent necessary to commit a particular crime. In the example above, voluntary intoxication would not be a defense. But, suppose John goes to a college party and gets very drunk. He accidentally picks up his roommate’s keys, and since they drive similar vehicles, he takes the wrong car and ends up crashing it.

Grand theft auto requires the intent to deprive another person of their vehicle, so John’s involuntary intoxication could possibly keep the state from showing intent, and he might avoid a conviction. Unfortunately, voluntary intoxication is not a defense that jurors easily agree on. Most people believe that if someone drinks alcohol, he or she should expect to get intoxicated - so there is no real defense.  

What About Involuntary Intoxication as a Defense to a Crime?

Involuntary intoxication occurs when someone is either forced or tricked into consuming alcohol. Perhaps a person’s non-alcoholic drink is spiked with alcohol by pranksters, or a group of frat boys are hazing pledges, forcing them to drink large quantities of alcohol. Involuntary intoxication can be a defense to a specific intent crime in Illinois under 720 ILCS 5/6-3, but voluntary intoxication is no longer recognized as an affirmative defense in the state. The defendant’s attorney must be able to prove that the intoxication was involuntary and that it was so severe that it prevented the defendant from knowing the act was wrong.

It is generally unwise to count on involuntary intoxication as a defense; alcohol is considered a factor in more than 40 percent of all violent crimes but is usually an intentional factor. Further, about 37 percent of more than two million convicted offenders who are currently in jail report they were drinking at the time of their arrest. Alcohol, more so than any illegal drug, is closely associated with violent crimes, including domestic violence, child abuse, assault, rape, and murder.   

Contact a DuPage County, IL Criminal Defense Lawyer

If you want to ensure you have the very best defense available, contact a Naperville, IL criminal defense attorney from Law Office of Patricia Magaña, LLC. Many criminal offenses come with extremely serious penalties, so having an experienced criminal defense attorney who can look at your situation from every angle gives you the best chance of a positive outcome. Call 630-448-2001 to schedule your free consultation. Our attorney speaks Spanish.