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. 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. 2) In drunk driving (DUI, DWI) the standard of intoxication varies by state between. In the eyes of the law this definition may differ depending on the situation to which it is applied. 1) the condition of being drunk as the result of drinking alcoholic beverages and/or use of narcotics. West's Encyclopedia of American Law, edition 2. For example, an intoxicated person who cannot distinguish right from wrong at the time of committing the wrongful act would have a valid defense. In most jurisdictions, the defense of involuntary intoxication is treated similarly to the Insanity Defense.
When a person is forced to consume an intoxicant against his or her will, the person is involuntarily intoxicated. When the defense is successfully interposed, it will reduce a charge of first-degree murder to second-degree murder. In Homicide cases, intoxication is relevant to negate premeditation and deliberation necessary for first-degree murder. 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. For example, although rape is commonly considered a general-intent crime, there are states in which extreme intoxication may be alleged as a defense. Other jurisdictions recognize it as a defense to general-intent crimes as well. The underlying rationale is that the intoxicated individual cannot possess the requisite mental state necessary to establish the offense. In many jurisdictions, intoxication is a defense to specific-intent crimes. In recognition of this factor, the law may allow intoxication to be used as a defense to certain crimes. Generally, an intoxicated person is incapable of acting as an ordinary prudent and cautious person would act under similar conditions. A state in which a person's normal capacity to act or reason is inhibited by alcohol or drugs.
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