intoxication

Term comprehends situation where, by reason of taking intoxicants, an individual does not have the normal use of his physical or mental faculties, thus rendering him incapable of acting in the manner in which an ordinarily prudent and cautious man, in full possession of his faculties, using reasonable care, would act under like conditions. Hendy v. Geary, 105 R.I. 419, 252 A.2d 435, 441.

A disturbance of mental or physical capacities resulting from the introduction of substances into the body. Model Penal Code, No. 2.08.

The fact that a person charged with a crime was in an intoxicated condition at the time the alleged crime was committed is a defense only if such condition was involuntarily produced and rendered such person substantially incapable of knowing or understanding the wrongfulness of his conduct and of conforming his conduct to the requirements of law. An act committed while in a state of voluntary intoxication is not less criminal by reason thereof, but when a particular intent or other state of mind is a necessary element to constitute a particular crime, the fact of intoxication may be taken into consideration in determining such intent or state of mind. Under most state statutes dealing with driving while intoxicated, "intoxication" includes such by alcohol or by drug or by both.

See driving while intoxicated.

Confirmed habits of intoxication caused by voluntary and excessive use of liquor is a ground for divorce under many state divorce statutes.

See also habitual drunkenness or intoxication

- intemperance.

+ intoxication

The state of being poisoned; the condition produced by the administration or introduction into the human system of a poison. This term is properly used as equivalent to "drunkenness," which, however, is more accurately described as "alcoholic intoxication."

See also intoxication

@ public intoxication

Public intoxication is being on a highway or street or in a public place or public building while under the influence of intoxicating liquor, narcotics or other drug to the degree that one may endanger himself or other persons or property, or annoy persons in his vicinity.

@ voluntary intoxication

The voluntary introduction of any substances into the body which the defendant knows or should know are likely to have intoxicating effects. The Model Penal Code (No. 2.08) uses the term "self-induced intoxication" to refer to this idea. Evidence of voluntary or self-induced intoxication can be admitted in some circumstances but not others

@ self-induced intoxication

See voluntary intoxication

@