[Drew68]

If it was then we would have innocent by reason of drunk. How insane would that be? :)

Actually, being under the influence during the comission of a crime is often used as a mitigating circumstance in one's defense. It normally won't result in an acquittal but often the penalty is less than if the crime was commited sober.

[LeGrande]

In many cases being drunk adds to the offense, but you are right the drunk defense is used a lot. That doesn't make it right though. I would be willing to bet a lot of money that you can't find a paternity case where being drunk was a successful defense.


>> If it was then we would have innocent by reason of >> drunk. How insane would that be? :)

> Actually, being under the influence during the
> comission of a crime is often used as a mitigating
> circumstance in one's defense. It normally won't
> result in an acquittal but often the penalty is less than > if the crime was commited sober.