Voluntary Intoxication

Voluntary Intoxication.

Voluntary Intoxication was eliminated as a defense in the State of Florida on October 1st, 1999, therefore voluntary intoxication is not a defense to any Florida offense. 

Florida Statute Section 775.051 specifically prohibits the use of voluntary intoxication as a defense. 
What is Voluntary Intoxication?

Voluntary intoxication is when a person knowingly consumes a substance that he or she knows or should now could cause intoxication. 

What if I was so drunk that I didn't know what I was doing?

This is not a defense and you would not be able to submit evidence or argue that you were so drunk or high that you didn't know what you were doing at the time of the offense. 

What if I was prescribed medication but I took more than I was prescribed?

This would be voluntary intoxication as opposed to involuntary intoxication (which is a defense).

If you or a loved one is charged with a criminal offense and you have questions about possible defenses involving intoxication,


904-642-3332 (Jacksonville)

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