Colo. Rev. Stat. » Title 18
Colorado Revised Statutes

Colo. Rev. Stat. § 18-1-804 (2026)

Intoxication

✓ current as of July 2026
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(1) Intoxication of the accused is not a defense to a criminal charge, except as provided in subsection (3) of this section, but in any prosecution for an offense, evidence of intoxication of the defendant may be offered by the defendant when it is relevant to negative the existence of a specific intent if such intent is an element of the crime charged.

(2) Intoxication does not, in itself, constitute mental disease or defect within the meaning of section 18-1-802.

(3) A person is not criminally responsible for his conduct if, by reason of intoxication that is not self-induced at the time he acts, he lacks capacity to conform his conduct to the requirements of the law.

(4) "Intoxication", as used in this section means a disturbance of mental or physical capacities resulting from the introduction of any substance into the body.

(5) "Self-induced intoxication" means intoxication caused by substances which the defendant knows or ought to know have the tendency to cause intoxication and which he knowingly introduced or allowed to be introduced into his body, unless they were introduced pursuant to medical advice or under circumstances that would afford a defense to a charge of crime. Source: L. 71: R&RE, p. 412, § 1. C.R.S. 1963: § 40-1-904.

Notes of Decisions
Cited in 76 cases (13 in the last 5 years), 1975–2026 · leading case: People v. Voth, 312 P.3d 144 (Colo. 2013).
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People v. Voth, 312 P.3d 144 (Colo. 2013). · cites it 48× “21 proceeding, we review the trial court's oral order allowing the Defendant, Paul Voth, to assert involuntary intoxication as an affirmative defense under section 18-1-804, C.R.S. (2018). We issued a rule to show cause why the trial court's order should not be vacated.”
People v. Garcia, 113 P.3d 775 (Colo. 2005). · cites it 24× “We granted certiorari on the following issues: (1) Whether hypoglycemia constitutes intoxication under § 18-1-804, C.R.S. (2004), for purposes of raising an intoxication defense.”
People v. Harlan, 8 P.3d 448 (Colo. 2000). · cites it 25× “We begin by explaining why voluntary intoxication, evidence of which is introduced to negate the specific intent element of the charged offense, does not constitute an affirmative defense under section 18-1-804, 6 CRS (1999). At trial Harlan asserted a right to have his…”
Bieber v. People, 856 P.2d 811 (Colo. 1993). · cites it 42× “Section 18-1-804, 8B C.R.S. (1986) provides as follows: (1) Intoxication of the accused is not a defense to a criminal charge, except as provided in subsection (3) of this section, but in any prosecution for an offense, evidence of intoxication of the defendant may be offered by…”
Peo v. Stone, 2020 COA 23 (Colo. Ct. App. 2020). · cites it 13× “15CA2076, Peo v Stone — Criminal Law — Provisions Applicable to Offenses Generally — Intoxication Section 18-1-804(1), C.R.S. 2019, states that “[i]ntoxication of the accused is not a defense to a criminal charge .”
v. Draper, 2021 COA 120 (Colo. Ct. App. 2021). · cites it 3× “¶ 23 Section 18-1-804(1), C.R.S. 2020, provides that evidence of voluntary intoxication is relevant and admissible for only one purpose: “to negative the existence of a specific intent if such intent is an element of the crime charged.”
Hendershott v. People, 653 P.2d 385 (Colo. 1982). · cites it 12× “Our decision echoed the legislative policy reflected in section 18-1-804(1), C.R.S.1973 (1978 Repl.”
People v. Sepeda, 581 P.2d 723 (Colo. 1978). · cites it 12× “The jury was instructed on the affirmative defense of intoxication, section 18-1-804, C.R.S.1973, but was permitted to consider this defense only with respect to the crimes of first-degree murder, attempted first-degree murder, attempted second-degree murder and manslaughter.”
People v. DelGuidice, 606 P.2d 840 (Colo. 1979). · cites it 10× “However, section 18-1-804(1), C.R.S.1973 (now in 1978 Repl.”
People v. Cornelison, 559 P.2d 1102 (Colo. 1977). · cites it 10× “Section 18-1-804, C.R.S.1973. In its instructions, the district court defined specific intent and further instructed the jury that first-degree murder and the lesser included offenses of second-degree murder and criminally negligent homicide required specific intent by defendant.”
Brown v. People, 239 P.3d 764 (Colo. 2010). · cites it 8× “§ 18-1-804, C.R.S. (2009). We have held that voluntary intoxication is not an affirmative defense completely absolving a defendant of criminal liability; rather, it is a partial defense that, under appropriate circumstances, negates the specific intent necessary to carry out…”
Tacorante v. People, 624 P.2d 1324 (Colo. 1981). · cites it 10× “At trial the appellant introduced evidence of heroin intoxication and addiction as bases for an affirmative defense of involuntary intoxication under section 18-1-804, C.R.S.1973 (now in 1978 Repl.”
Show all 76 citing cases →
— Colo. Rev. Stat. § 18-1-804(1) — 43 cases
People v. Harlan, 8 P.3d 448 (Colo. 2000). “We begin by explaining why voluntary intoxication, evidence of which is introduced to negate the specific intent element of the charged offense, does not constitute an affirmative defense under section 18-1-804, 6 CRS (1999). At trial Harlan asserted a right to have his…”
Peo v. Stone, 2020 COA 23 (Colo. Ct. App. 2020). “15CA2076, Peo v Stone — Criminal Law — Provisions Applicable to Offenses Generally — Intoxication Section 18-1-804(1), C.R.S. 2019, states that “[i]ntoxication of the accused is not a defense to a criminal charge .”
v. Draper, 2021 COA 120 (Colo. Ct. App. 2021). “¶ 23 Section 18-1-804(1), C.R.S. 2020, provides that evidence of voluntary intoxication is relevant and admissible for only one purpose: “to negative the existence of a specific intent if such intent is an element of the crime charged.”
People v. DelGuidice, 606 P.2d 840 (Colo. 1979). “However, section 18-1-804(1), C.R.S.1973 (now in 1978 Repl.”
People v. Vigil, 127 P.3d 916 (Colo. 2006).
— Colo. Rev. Stat. § 18-1-804(1)(b) — 1 case
People v. Giem, 2015 COA 176 (Colo. Ct. App. 2015).
— Colo. Rev. Stat. § 18-1-804(2) — 3 cases
People v. Garcia, 113 P.3d 775 (Colo. 2005). “We granted certiorari on the following issues: (1) Whether hypoglycemia constitutes intoxication under § 18-1-804, C.R.S. (2004), for purposes of raising an intoxication defense.”
People v. Sommers, 200 P.3d 1089 (Colo. Ct. App. 2008).
People v. Garcia, 87 P.3d 159 (Colo. Ct. App. 2004).
— Colo. Rev. Stat. § 18-1-804(3) — 16 cases
People v. Garcia, 113 P.3d 775 (Colo. 2005). “We granted certiorari on the following issues: (1) Whether hypoglycemia constitutes intoxication under § 18-1-804, C.R.S. (2004), for purposes of raising an intoxication defense.”
Hendershott v. People, 653 P.2d 385 (Colo. 1982). “Our decision echoed the legislative policy reflected in section 18-1-804(1), C.R.S.1973 (1978 Repl.”
People v. Miller, 113 P.3d 743 (Colo. 2005).
People v. Sabell, 2018 COA 85 (Colo. Ct. App. 2018).
Peo v. Stone, 2020 COA 23 (Colo. Ct. App. 2020). “15CA2076, Peo v Stone — Criminal Law — Provisions Applicable to Offenses Generally — Intoxication Section 18-1-804(1), C.R.S. 2019, states that “[i]ntoxication of the accused is not a defense to a criminal charge .”
— Colo. Rev. Stat. § 18-1-804(4) — 10 cases
People v. Voth, 312 P.3d 144 (Colo. 2013). “21 proceeding, we review the trial court's oral order allowing the Defendant, Paul Voth, to assert involuntary intoxication as an affirmative defense under section 18-1-804, C.R.S. (2018). We issued a rule to show cause why the trial court's order should not be vacated.”
People v. Garcia, 113 P.3d 775 (Colo. 2005). “We granted certiorari on the following issues: (1) Whether hypoglycemia constitutes intoxication under § 18-1-804, C.R.S. (2004), for purposes of raising an intoxication defense.”
Bieber v. People, 856 P.2d 811 (Colo. 1993). “Section 18-1-804, 8B C.R.S. (1986) provides as follows: (1) Intoxication of the accused is not a defense to a criminal charge, except as provided in subsection (3) of this section, but in any prosecution for an offense, evidence of intoxication of the defendant may be offered by…”
People v. Sommers, 200 P.3d 1089 (Colo. Ct. App. 2008).
People v. Grenier, 200 P.3d 1062 (Colo. Ct. App. 2008).
— Colo. Rev. Stat. § 18-1-804(5) — 16 cases
People v. Garcia, 113 P.3d 775 (Colo. 2005). “We granted certiorari on the following issues: (1) Whether hypoglycemia constitutes intoxication under § 18-1-804, C.R.S. (2004), for purposes of raising an intoxication defense.”
Hendershott v. People, 653 P.2d 385 (Colo. 1982). “Our decision echoed the legislative policy reflected in section 18-1-804(1), C.R.S.1973 (1978 Repl.”
People v. Ledman, 622 P.2d 534 (Colo. 1981).
People v. Turner, 680 P.2d 1290 (Colo. Ct. App. 1983).
People v. Sommers, 200 P.3d 1089 (Colo. Ct. App. 2008).
— Colo. Rev. Stat. § 18-1-804(8) — 3 cases
People v. Voth, 312 P.3d 144 (Colo. 2013). “21 proceeding, we review the trial court's oral order allowing the Defendant, Paul Voth, to assert involuntary intoxication as an affirmative defense under section 18-1-804, C.R.S. (2018). We issued a rule to show cause why the trial court's order should not be vacated.”
People v. Harlan, 8 P.3d 448 (Colo. 2000). “We begin by explaining why voluntary intoxication, evidence of which is introduced to negate the specific intent element of the charged offense, does not constitute an affirmative defense under section 18-1-804, 6 CRS (1999). At trial Harlan asserted a right to have his…”
People v. Grenier, 200 P.3d 1062 (Colo. Ct. App. 2008).
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