Under Louisiana criminal law, voluntary intoxication and involuntary intoxication are treated differently in terms of their impact on criminal liability.
Voluntary Intoxication: Voluntary intoxication refers to the situation where a person becomes intoxicated willingly or knowingly by consuming alcohol, drugs, or any other substances. In Louisiana, voluntary intoxication is generally not a defense to general intent crimes. This means that if a person commits a crime while voluntarily intoxicated, they cannot use their intoxicated state as a defense to avoid criminal liability. The idea is that individuals should be held responsible for their actions, even if they were impaired due to their own choices. However, voluntary intoxication can still be used as a defense to any specific intent crimes.
Involuntary Intoxication: In contrast, involuntary intoxication occurs when someone becomes intoxicated without their knowledge or against their will. This could happen, for example, if someone is unknowingly given a drink containing drugs or alcohol. In Louisiana, involuntary intoxication can be considered as a valid defense to criminal charges. If a defendant can show that they were involuntarily intoxicated at the time of the crime, it may potentially negate their criminal intent or responsibility for the act.
It's important to note that the applicability and success of any defense, including voluntary or involuntary intoxication, may depend on the specific circumstances of the case and how the law is interpreted by the courts. Criminal cases can be complex, and legal advice from a qualified attorney is crucial for anyone facing criminal charges or seeking to understand the potential defenses available to them.