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A state in which a person's normal capacity to act or reason is inhibited by alcohol or drugs.

Generally, an intoxicated person is incapable of acting as an ordinary prudent and cautious person would act under similar conditions. In recognition of this factor, the law may allow intoxication to be used as a defense to certain crimes. In many jurisdictions, intoxication is a defense to specific-intent crimes. The underlying rationale is that the intoxicated individual cannot possess the requisite mental state necessary to establish the offense.

Other jurisdictions recognize it as a defense to general-intent crimes as well. For example, although rape is commonly considered a general-intent crime, there are states in which extreme intoxication may be alleged as a defense. It is unlikely, however, that the defense will be successful in such cases absent proof that the defendant was so intoxicated that he or she could not form the intent to have intercourse.

In Homicide cases, intoxication is relevant to negate premeditation and deliberation necessary for first-degree murder. When the defense is successfully interposed, it will reduce a charge of first-degree murder to second-degree murder.

When a person is forced to consume an intoxicant against his or her will, the person is involuntarily intoxicated. In most jurisdictions, the defense of involuntary intoxication is treated similarly to the Insanity Defense. For example, an intoxicated person who cannot distinguish right from wrong at the time of committing the wrongful act would have a valid defense.


n. 1) the condition of being drunk as the result of drinking alcoholic beverages and/or use of narcotics. In the eyes of the law this definition may differ depending on the situation to which it is applied. 2) In drunk driving (DUI, DWI) the standard of intoxication varies by state between .08 and .10 alcohol in the bloodstream, or a combination of alcohol and narcotics which would produce the same effect even though the amount of alcohol is below the minimum. 3) In public drunkenness the standard is subjective, meaning the person must be unable to care for himself, be dangerous to himself or others, be causing a disturbance, or refuse to leave or move along when requested. 4) Intoxication as a defense in a criminal case in which the claim is made by the defendant that he/she was too intoxicated to form an intent to commit the crime or to know what he/she was doing, the amount of intoxication is subjective but higher than for drunk driving. There is also the question if the intoxication was an intentional aforethought to the crime ("I wanted to get drunk so I had the nerve to kill her.") Thus, unintentional intoxication can show lack of capacity to form an intent and thus reduce the possible level of conviction and punishment, as from voluntary (intentional) manslaughter down to involuntary (unintentional but through a wrongful act) manslaughter. However, in vehicular manslaughter, the intoxication is an element in the crime, whether getting drunk was intentional or not, since criminal intent was not a factor. (See: vehicular manslaughter)

See: dipsomania, inebriation, passion
References in periodicals archive ?
I think water intoxication is much more common than we think, and it's often misdiagnosed," says veterinarian Janet Dunn of Hollister, California, who owns some of Kinetic's siblings and has made it her mission to find out just how much - or how little - veterinarians know about the syndrome that took Kinetic's life.
Seizures and hypothermia due to dietary water intoxication in infants.
It has been noted that free water is necessary to cause water intoxication, desmopressin alone is not sufficient (Robson, 1996).
And some marathoners drank themselves into water intoxication.
Furthermore, it has been proposed that incorrect advice to drink lots of fluid whilst exercising may have exacerbated the problem of water intoxication further (Noakes, 2003).
All desmopressin formulations "should be used cautiously" in patients who are at risk for water intoxication with hyponatremia.
Since the index cases of water intoxication reported in ultradistance runners in 1985 (1), exercise-associated hyponatremia (EAH) as identified in 13% of recent Boston marathon runners may result in fatal pulmonary and cerebral edema (2,3).
However, drinking too much water can cause water intoxication, which can be dangerous and deadly.
Water intoxication can also happen if your baby swallows too much water during an infant swimming class).
After taking the day off work, she was found dead at her home, reportedly of water intoxication.
Avoid overconsumption, which can cause serious problems, such as hyponatraemia or water intoxication.
MDMA poisoning has been associated with both severe dehydration and water intoxication.