1) the condition of being drunk as the result of drinking alcoholic beverages and/or
use of narcotics. In the eyes of the law this definition may differ depending on
the situation to which it is applied. 2) as it applies to drunk driving (DUI, DWI)
the standard of intoxication varies by state between . 08 and . 10 alcohol in the
bloodstream, or a combination of alcohol and narcotics which would produce the same
effect even though the amount of alcohol is below the minimum. 3) as it applies
to public drunkenness the standard is subjective, meaning the person must be unable
to care for himself, be dangerous to himself or others, be causing a disturbance
or refuse to leave or move along when requested. 4) a defense in a criminal case
in which the claim is made by the defendant that he/she was too intoxicated to form
an intent to commit the crime or to know what he/she was doing, where the amount
of intoxication is subjective but higher than for drunk driving. There is also the
question if the intoxication was an intentional aforethought to the crime ("I wanted
to get drunk so I had the nerve to kill her"). Unintentional intoxication can show
lack of capacity to form an intent and thus reduce the possible level of conviction
and punishment, as from voluntary (intentional) manslaughter down to involuntary
(unintentional but through a wrongful act) manslaughter. However, in vehicular manslaughter,
the intoxication is an element in the crime, whether getting drunk was intentional
or not, since criminal intent was not a factor.
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