The answer is generally no. The fact you might have been drunk or high is not a get out of jail free card. However, in limited circumstances, voluntary intoxication may be considered in deciding whether you had the necessary intent to commit the crime.
In 2002, Illinois changed its law so that voluntary intoxication could no longer be used as a defense. However, the state must still prove all the elements of your offense beyond a reasonable doubt. Certain crimes require proof of a specific intent—that you intended to commit the offense (as opposed to general intent where you could have expected the result to flow from your voluntary act). If the state must prove specific intent, then the judge or jury may consider your intoxication in determining whether you could form that intent.
Note that involuntary intoxication is still a defense if: (1) your condition was involuntarily produced, and (2) it deprived you of the substantial capacity either to appreciate you were committing a crime or to conform your conduct to the law. See 720 ILCS 5/6-3.
If you have been charged with a crime, contact an experienced attorney immediately. An attorney can review your case for its best possible defense. Did police gather the evidence legally? Can the state prove the offense? Even if police followed procedure and the state’s evidence is airtight, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
Reference: People v. Grayer.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
