Facing Criminal Charges You Don’t Remember? Intoxication Defenses in Arizona
Blacking out from alcohol or drugs can be unsettling—especially if you later discover you’ve been accused of committing a crime you don’t even remember. In Arizona, the law recognizes two types of intoxication: involuntary and voluntary. The distinction can significantly affect your defense if you’re facing criminal charges. Below is an overview of both categories and how they might apply to your case.
Involuntary Intoxication
Definition
- Occurs when a person becomes intoxicated against their will or without their knowledge (e.g., if someone unknowingly spikes your drink).
- Because you had no intent to consume drugs or alcohol, Arizona law allows a jury to consider this lack of intent when determining whether you had the required mental state to commit a crime.
Potential Impact on Your Defense
- If you can prove the intoxication was involuntary (e.g., drugged without consent), it may negate the specific intent needed for certain charges.
- Every situation is unique; you’ll need to gather evidence (such as witness statements or medical reports) to support your claim of involuntary intoxication.
Voluntary Intoxication
Definition
- Occurs when someone knowingly consumes alcohol or drugs that can cause intoxication.
- Under Arizona law, it generally doesn’t excuse criminal behavior, because individuals are assumed to understand the risks of impaired judgment once they start drinking or using drugs.
Exceptions to Voluntary Intoxication
- Medical Advice
- If you take medication as prescribed by a healthcare professional, you may have a valid defense if the drug impairs you in unexpected ways.
- Duress
- Extremely rare scenarios where you’re forced to consume intoxicants under threat of harm.
- Duress is difficult to prove under Arizona law.
Limited Use as a Defense
- Voluntary intoxication rarely negates guilt.
- Prosecutors may still argue that by choosing to drink or use drugs, you bear responsibility for any subsequent actions.
Why You Need a Strong Defense
Lack of Memory Isn’t a Defense
- Simply not remembering what happened does not excuse criminal liability. Prosecutors can still build a case based on witness statements, surveillance footage, and other evidence.
Prosecution May Argue Impairment
- If you voluntarily consumed drugs or alcohol, prosecutors can claim you knowingly put yourself in a position where a crime could be committed—regardless of whether you recall the event.
Protect Your Rights: Call Ted Law in Phoenix, AZ
If you’re facing criminal charges tied to an incident you can’t fully recall, don’t leave your future to chance. You need an experienced legal team to help build your defense, gather the right evidence, and challenge the prosecution’s claims.
- Free Consultation: Speak with Attorney Theodore Agnick at Ted Law about your situation.
- Local Expertise: We understand Arizona’s intoxication laws and have a track record of defending clients across Phoenix and the surrounding areas.
- Strategic Defense: We’ll examine whether involuntary intoxication applies or if other defenses are available to you.
Call (602) 453-3100 or contact us online today to discuss your case. We’re here 24/7 to help you navigate Arizona’s legal system and protect your rights.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Each case is unique; consult an attorney for advice specific to your circumstances.