However, ten states have rejected that specific intent can be negated by voluntary intoxication.
Some jurisdictions allow voluntary intoxication in the context of a preexisting mental disorder to qualify for an insanity defense.
Hicks's lawyers have argued that under Ohio law, voluntary intoxication may be considered a mitigating factor in capital cases.
Absence because of voluntary intoxication is not a proper reason to continue a civil case.
The case set the precedent that voluntary intoxication, whether by drink or drugs, cannot be used to establish defences of automatism or insanity.
Neither voluntary nor involuntary intoxication provide a defence in English law in themselves.
The alternative is that the voluntary intoxication provides a "prior fault" which substitutes for the mens rea required.
This would leave the prosecution the task of showing voluntary intoxication to the satisfaction of the jury and the avoidance of doubt.
Assault is a crime of "basic intent" for the purposes of the Majewski test concerning voluntary intoxication.
The Majewski test is applied to cases of voluntary intoxication, as battery is also a crime of "basic intent" in this scenario.