Water intoxication legal meaning of Water intoxication Water intoxication synonyms by the Online for free Law Dictionary
A state in which a persons normal chance to act or reason is inhibited by alcohol or drugs.
Generally, an intoxicated person is incapable of acting as an ordinary prudent and cautious person would act under similar conditions. In recognition of this factor, what the law states may allow intoxication to be used like a defense to certain crimes. In several jurisdictions, intoxication is really a defense to specific-intent crimes. The underlying rationale is that the intoxicated individual cannot possess the requisite mental state essential to establish the offense.
Other jurisdictions recognize it as being a defense to general-intent crimes as well. For instance, although rape is commonly considered a general-intent crime, there are states by which extreme intoxication might be alleged like a defense. It is unlikely, however, that the defense will be successful in such cases absent proof the defendant am intoxicated that she or he could not form the intent to have intercourse.
In Homicide cases, intoxication is pertinent to negate premeditation and deliberation necessary for first-degree murder. Once the defense is successfully interposed, itll reduce a charge of first-degree murder to second-degree murder.
When a bodys forced to consume an intoxicant against their will, the person is involuntarily intoxicated. In most jurisdictions, the defense of involuntary intoxication is treated much like the Insanity Defense. For instance, an intoxicated individual who cannot distinguish from wrong during the time of committing the wrongful act would have a legitimate defense.
intoxication n. 1 the health of being drunk because of drinking alcoholic beverages and/or utilization of narcotics. Within the eyes from the law this definition may vary depending on the situation to which its applied. 2 In drunk driving DUI, DWI the standard of intoxication varies by state between .08 and .10 alcohol in the bloodstream, or a mixture of alcohol and narcotics which would produce exactly the same effect although the amount of alcohol is below the minimum. 3 In public drunkenness the conventional is subjective, meaning the person should be unable to take care of himself, be dangerous to himself or others, be causing a disturbance, or refuse to leave or move along when requested. 4 Intoxication as a defense in a criminal case where the claim is created through the defendant that he/she was too intoxicated to create an intent to commit the crime in order to understand what he/she was doing, the quantity of intoxication is subjective but greater than for driving under the influence. There is also the question when the intoxication was an intentional aforethought to the crime I desired to get drunk and so i had the nerve to kill her. Thus, unintentional intoxication can show lack of chance to form an intent and thus reduce the possible degree of conviction and punishment, as from voluntary intentional manslaughter down to involuntary unintentional but via a wrongful act manslaughter. However, in vehicular manslaughter, the intoxication is definitely an aspect in the crime, whether getting drunk was intentional or not, since criminal intent was not an issue. See: vehicular manslaughter
See also: dipsomania, inebriation, passion
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Five-month-old LaDamian Barton almost died last week of water intoxication after ingesting watered-down formula since birth.Liquid Gold For Babies Coveted By Moms, Thieves by Sherri Ackerman / Tampa Tribune WFLA
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