Alcohol is a social drug. Many people prefer to drink in the company of others. Others may only ever drink during social events, such as a playoff party hosted at their favorite sports bar.
While alcohol makes it easier for people to socialize in some cases, it can also exacerbate issues in social settings. People under the influence of alcohol may become more emotional or aggressive during disagreements.
An argument that they could have walked away from or settled by talking could lead to a physical fight. Can those facing assault charges because of an alcohol-fueled altercation at a party or bar use their intoxication as part of their defense strategy?
People who choose to drink accept personal responsibility
Alcohol affects judgment and behavior. It does not change an individual’s personality, but it may leave them less inhibited in social situations. Anyone who knowingly consumes alcohol must accept the consequences of that decision. They have liability for their actions while under the influence.
State statutes specifically prohibit the invocation of prior alcohol consumption as an affirmative defense to criminal charges. Someone who ended up in a bar fight after drinking too much cannot blame their actions on the alcohol.
Intoxication defenses are only an option in cases where people received spiked drinks or were unaware of the alcohol in the food or beverages they consumed. That being said, there could be other defense strategies available, such as asserting that a person acted in self-defense.
Reviewing the circumstances leading to an assault charge can help people plan a defense strategy. Individuals accused of assault can often avoid convictions or negotiate a plea to a lesser offense with the support of a defense attorney.