§ 6-3 Voluntary Intoxication

• Library: South Carolina Requests to Charge - Criminal (SCBar) (2012 Ed.)

§ 6-3 Voluntary Intoxication

Voluntary intoxication is not an excuse for or a defense to a crime, regardless of whether the crime is one involving general or specific intent. This rule also extends to the voluntary ingestion of drugs. A person who voluntarily ingests alcohol or drugs and thereby becomes intoxicated is no less responsible for his acts while in such condition. If one voluntarily drinks intoxicating liquors, wine or beer or ingests drugs and becomes intoxicated to whatever degree, and if while in that condition commits an act which would be a crime if it had been committed by a sober person the fact of intoxication would not relieve the intoxicated person from responsibility.

State v. South, 310 S.C. 504, 427 S.E.2d 666 (1993) (stating voluntary intoxication does not relieve individual from criminal responsibility); State v. Hartfield, 300 S.C. 469, 473, 388 S.E.2d 802, 804 (1990) ("The general rule is that voluntary intoxication or use of drugs does not constitute a defense to a crime. It has been recognized, however, that insanity caused by the use of drugs or intoxication may be a defense where the insanity is permanent and destroys the defendant's ability to know

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