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intoxication :: legal definition


Intoxication - n. 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.

See also: vehicular manslaughter and Related Law Terms ↓


Related Law Terms

attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed.
breaking and entering :: n. 1) the criminal act of entering a residence or ... above. See also: burglary trespass
burglary :: n. the crime of breaking and entering into a struc ... le. See also: breaking and entering
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder
diminished capacity :: n. essentially a psychological term which has foun ... See also: insanity M'Naughten rule
diversion :: n. in criminal procedure, a system for giving a ch ... second offense. See also: probation
driving under the influence (DUI) :: n. commonly called "drunk driving," it refers to o ... (DWI), drunk driving, or a "deuce".
guilty :: adj. having been convicted of a crime or having ad ... on of guilt cop a plea plea bargain
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
manslaughter :: n. the unlawful killing of another person without ... laughter. See also: homicide murder
M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers.
parole :: n. 1) the release of a convicted criminal defendan ... sed he will not take up arms again.
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea
principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
release on one's own recognizance :: v. for a judge to allow a criminal defendant pre-t ... ourtroom slang. See also: bail O.R.
roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning
suicide :: n. the intentional killing of oneself. Ironically, ... e manslaughter second degree murder
temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
vehicular manslaughter :: n. the crime of causing the death of a human being ... gence manslaughter reckless driving
wet reckless :: n. a plea to a charge of reckless driving which wa ... conviction. See also: plea bargain
withdrawal :: n. 1) in criminal law, leaving a conspiracy to com ... count. See also: check renunciation

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
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testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
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Other Law Terms - I

i.e. :: prep. abbreviation for id est, which is Latin for ... "e.g.," which means "for example."
illegal :: 1) adj. in violation of statute, regulation or ord ... . See also: alien illegal immigrant
illegal immigrant :: n. an alien (non-citizen) who has entered the Unit ... ion date of a visa. See also: alien
illusory promise :: n. an agreement to do something that is so indefin ... he may have thought was a contract.
immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection
immediately :: adv. 1) at once. 2) in orders of the court or in c ... oon as can be done" without excuse.
immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity
impanel :: v. to select and install a jury. See also: impanel ... l a jury. See also: impaneling jury
impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire
impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate.
impeachment :: n. 1) discrediting a witness by showing that he/sh ... the trial itself. See also: impeach
impleader :: n. a procedural device before trial in which a par ... than having two suits in a series.
implied :: adj., adv. referring to circumstances, conduct or ... nt implied consent implied warranty
implied consent :: n. consent when surrounding circumstances exist wh ... aybe" or "later." See also: implied
implied contract :: n. an agreement which is found to exist based on t ... : contract express contract implied
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
implied warranty :: n. an assumption at law that products are "merchan ... er. See also: caveat emptor implied
impossibility :: n. when an act cannot be performed due to nature, ... cel) a contract. See also: contract
impotence :: n. the male's inability to copulate. Impotence can ... eans inability to produce children.
impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture