Can I use “voluntary intoxication” as a defense to a burglary charge?

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Can I use “voluntary intoxication” as a defense to a burglary charge?

I was charged with F-2 burglary. I walked into the wrong home and went to sleep. I was extremely drunk. My bac was .39.

Asked on March 23, 2013 under Criminal Law, Ohio

Answers:

Benjamin Partee / Partee Law, Benjamin Partee Attorney

Answered 11 years ago | Contributor

No. The law basically says that, because getting drunk was voluntary, all your actions while you're drunk are also voluntary. However, that doesn't mean you may not have other defenses. You should consult with a defense attorney to begin planning your case strategy.


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