The Intoxication Defense? When Is It Applicable?

You’re drunk! Your eyes are blood shot red. Your speech is slurred. You’re stumbling out of the bar. And, you’re wearing the stench of alcohol like it’s a new scent of cologne—it’s all over you. The bartender should have stopped serving you after you had your tenth beer, but you flashed him a twenty-dollar bill and he kept the beers coming. It’s closing time now. You hop in your car, turn the ignition on and put the car in drive. But, you didn’t. You actually put the car in reverse and when you punched the gas pedal you backed over another patron exiting the bar. She suffered internal bleeding and died at the hospital. You’ve been arrested and charged with murder. “But, I was drunk! I was out of my mind,” you exclaim. “Isn’t intoxication a defense in Georgia?”

Voluntary & Involuntary Intoxication…

There is a distinction under the law between voluntary and involuntary intoxication. In the state of Georgia, voluntary intoxication is not a defense. A prime example of voluntary intoxication is presented in the scenario above. A person cannot knowingly and willingly consume alcohol, commit a criminal act and “blame it on the alcohol.” However, involuntary intoxication is a defense in Georgia when it deprives a person of his ability to distinguish between right and wrong.

Under O.C.G.A. §16-3-4, a person shall not be found guilty of a crime when—at the time of the act, omission, or negligence constituting the crime—the person, because of involuntary intoxication, did not have sufficient mental capacity to distinguish between right and wrong in relation to such act. Further, involuntary intoxication means intoxication caused by: (1) consumption of a substance through excusable ignorance; or,
(2) the coercion, fraud, artifice, or contrivance of another person. An example of involuntary intoxication would be when someone is “slipped” alcohol or drugs without their consent or knowledge that results in that person committing a crime.

The Intoxication Defense & Georgia Case Law…

Although involuntary intoxication is a defense in Georgia, Georgia case law has made it clear when the involuntary intoxication defense has not been supported by sufficient evidence. One case in particular is that of Guyse v. State, 286 Ga. 574,(2010).

In 2006, James Nicholas Guyse was convicted at a bench trial of felony murder and other crimes arising out of a drunk driving spree that left one victim dead and another seriously injured. Guyse was a heavy drinker and was drunk when he left his house in his wife’s silver 2003 Mitsubishi Galant on Thursday, October 14, 2004. He stopped at a convenience store and bought two more alcoholic beverages. Upon leaving the store and getting involved in several accidents, he hit the car of Doris Harris head-on. Harris’ 17-year-old daughter, who was in the car with her, was killed. Guyse argued that he was so drunk that he was incapable of forming the intent necessary to commit aggravated assault and felony murder. The Court, however, disagreed and held that it has long been established that “voluntary intoxication shall not be an excuse for any criminal act or omission,” except in the extreme situation where the intoxication “has resulted in the alteration of brain function so as to negate intent and even then, the brain function alteration must be more than temporary.” In this case, the Court essentially ruled that the involuntary intoxication defense did not apply.

Contact Bixon Law…

The involuntary intoxication defense did not apply in the Guyse case, but it may apply in your case. If you or a loved one has been charged with a crime and believe that an involuntary intoxication defense applies to your case, call Bixon Law. As experienced criminal defense attorneys, we can evaluate your case and work to get the best outcome possible. Call us today at 404-551-5684 and for a free consultation.