The next few blog posts will discuss the defense of voluntary intoxication, concluding with a discussion of the recent DUI decision in People v. Carlson (October 12, 2011, G043833)__Cal.App.4th__. First of all, what is voluntary intoxication? This is the subject of today’s blog post. Penal Code section 22, subdivision (c), “voluntary intoxication as excuse for crime,” states that voluntary intoxication includes the “voluntary ingestion, injection, or taking by any other means of any intoxicating liquor, drug, or other substance.”

Fortunately, we also have a jury instruction in California which defines voluntary intoxication.

California CALCRIM No. 626 defines voluntary intoxication as follows: Voluntary intoxication may cause a person to be unconscious of his or her actions. A very intoxicated person may still be capable of physical movement but may not be aware of his or her actions or the nature of those actions. A person is voluntarily intoxicated if he or she becomes intoxicated by willingly using any intoxicating drug, drink, or other substance knowing that it could produce an intoxicating effect, or willingly assuming the risk of that effect.

And there we have, at the very least, our legal definition.

 

 

Note: This article is not intended to be legal advice.   The specific facts of your case should be discussed with legal counsel.  Contact the Law Offices of Eloy I. Trujillo today to discuss your case with an experienced Bay Area DUI Lawyer.

Eloy I. Trujillo is a practicing attorney with offices in San Francisco, CA and Oakland, CA.