Can You Be Convicted of a Crime if You Were Drunk - Carlos Gamino

By Carlos Gamino

Many people charged with crimes have argued that they shouldn’t be held fully accountable because they were intoxicated at the time they committed it – but is that an effective defense?

Can You Be Convicted of a Crime if You Were Drunk?

When police believe you have committed a crime, they can arrest you and charge you. Then, it’s up to you to go to court and say you’re innocent or agree that you’re guilty – you do that at your arraignment, which is when a judge formally reads you your charges.

The state’s attorney has to show the court that you committed the crime, but your criminal defense attorney can argue that alcohol played a big role in what happened and say that you’re not entirely responsible for committing the crime. In some cases, that works.

Wisconsin law says, “An intoxicated or a drugged condition of the actor is a defense only if such condition is involuntarily produced and does one of the following: (1) Renders the actor incapable of distinguishing between right and wrong in regard to the alleged criminal act at the time the act is committed. (2) Negatives the existence of a state of mind essential to the crime.”

What Should You Do if You’re Accused of Committing a Crime When You Were Drunk?

Any time you’re accused of a crime, it’s in your best interest to seek legal counsel – even if you’re very familiar with Wisconsin law. You may want to call a Milwaukee criminal defense lawyer to discuss your situation. Your lawyer will ask you several questions about the alleged incident, including what led up to it, whether there are any witnesses who can help your cause and what happened during and after the alleged incident.

Your attorney can also answer all your questions about the case, explain possible outcomes and defend you in court.

Do You Need to Talk to an Attorney?

If you were accused of committing a crime while you were intoxicated, call us at 414-383-6700 for a free case review now. You’ll talk to an experienced Milwaukee criminal defense attorney who can help you get the best possible outcome.

Carlos Gamino