Florida Statute 775.51 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS

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F.S. 775.051

775.051 Voluntary intoxication; not a defense; evidence not admissible for certain purposes; exception.—Voluntary intoxication resulting from the consumption, injection, or other use of alcohol or other controlled substance as described in chapter 893 is not a defense to any offense proscribed by law. Evidence of a defendant’s voluntary intoxication is not admissible to show that the defendant lacked the specific intent to commit an offense and is not admissible to show that the defendant was insane at the time of the offense, except when the consumption, injection, or use of a controlled substance under chapter 893 was pursuant to a lawful prescription issued to the defendant by a practitioner as defined in s. 893.02.

History.—s. 1, ch. 99-174; s. 29, ch. 2016-224.

F.S. 775.051 on Google Scholar

F.S. 775.051 on CourtListener

Amendments to 775.051

Annotations, Discussions, Cases:

Cases Citing Statute 775.051

Total Results: 68

Smiley v. State

966 So. 2d 330, 2007 WL 1628111

Supreme Court of Florida | Filed: Jun 7, 2007 | Docket: 1679339

Cited 58 times | Published

Finally, section 776.013 is analogous to section 775.051, which abrogated the affirmative defense of

Douglas v. State

878 So. 2d 1246, 2004 WL 1057708

Supreme Court of Florida | Filed: May 6, 2004 | Docket: 1705800

Cited 42 times | Published

imprisonment for the sexual battery. [10] Section 775.051, Florida Statutes (2003), which became effective

Owen v. State

986 So. 2d 534, 2008 WL 1969141

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 2529240

Cited 30 times | Published

recognized defense at the time of Owen's offense. See § 775.051, Fla. Stat. (2007) (abolishing voluntary intoxication

Smith v. State

28 So. 3d 838, 34 Fla. L. Weekly Supp. 681, 2009 Fla. LEXIS 2067, 2009 WL 4841038

Supreme Court of Florida | Filed: Dec 17, 2009 | Docket: 1652281

Cited 27 times | Published

not warranted.17 L. Constitutionality of Section 775.051, Florida Statutes (2004.) Under this challenge

Evans v. State

946 So. 2d 1, 2006 WL 2827647

Supreme Court of Florida | Filed: Oct 5, 2006 | Docket: 1770988

Cited 22 times | Published

negate specific intent during the guilt phase. § 775.051, Fla. Stat. (1999). In addition, Evans' trial

Troy v. State

948 So. 2d 635, 2006 WL 2987627

Supreme Court of Florida | Filed: Oct 19, 2006 | Docket: 1773206

Cited 21 times | Published

APPEAL Troy raises eight issues on appeal: (1) Section 775.051, Florida Statutes (2001), excluding voluntary

Patrick v. State

104 So. 3d 1046, 2012 Fla. LEXIS 2546, 2012 WL 6049585

Supreme Court of Florida | Filed: Dec 6, 2012 | Docket: 60227290

Cited 18 times | Published

Florida Legislature eliminated the defense. See § 775.051, Fla. Stat. (1999). Lewis v. State, 817 So.2d

Jones v. State

949 So. 2d 1021, 2006 WL 3626986

Supreme Court of Florida | Filed: Dec 14, 2006 | Docket: 1375138

Cited 16 times | Published

eliminated the defense of voluntary intoxication. Section 775.051, Florida Statutes (2006), which became effective

Montero v. State

996 So. 2d 888, 2008 WL 4923015

District Court of Appeal of Florida | Filed: Nov 19, 2008 | Docket: 1692344

Cited 15 times | Published

"only if they can be amended in good faith"). Section 775.051, Florida Statutes (1999), abolished the voluntary

Carter v. State

980 So. 2d 473, 2008 WL 382710

Supreme Court of Florida | Filed: Feb 14, 2008 | Docket: 1736134

Cited 12 times | Published

Voluntary Intoxication Defense Carter argues that section 775.051, Florida Statutes (2002), which prevented him

William Reaves v. Secretary, Florida Department of Corrections

717 F.3d 886, 2013 WL 2348894, 2013 U.S. App. LEXIS 10903

Court of Appeals for the Eleventh Circuit | Filed: May 30, 2013 | Docket: 2903095

Cited 11 times | Published

effective date. See Fla. Stat. Ann. § 775.051 (1999); Travaglia v. State, 864

Pooler v. State

980 So. 2d 460, 33 Fla. L. Weekly Fed. S 81

Supreme Court of Florida | Filed: Jan 31, 2008 | Docket: 1735872

Cited 9 times | Published

[3] Although the law has since changed, see § 775.051, Fla. Stat. (1999), voluntary intoxication was

Lewis v. State

817 So. 2d 933, 2002 WL 985345

District Court of Appeal of Florida | Filed: May 15, 2002 | Docket: 2485106

Cited 9 times | Published

and, upon the state's request pursuant to section 775.051 of the Florida Statutes (1999), instructed

Rudolf v. State

851 So. 2d 839, 2003 WL 21820501

District Court of Appeal of Florida | Filed: Aug 8, 2003 | Docket: 1313076

Cited 8 times | Published

99-174, § 1, at 968, Laws of Fla. (creating section 775.051, Florida Statutes, which abrogates voluntary

Gibbs v. State

904 So. 2d 432, 2005 WL 415952

District Court of Appeal of Florida | Filed: Feb 23, 2005 | Docket: 1365245

Cited 7 times | Published

eliminated the defense of voluntary intoxication. § 775.051, Fla. Stat. (1999); Lewis v. State, 817 So.2d

Cobb v. State

884 So. 2d 437, 2004 WL 2191151

District Court of Appeal of Florida | Filed: Oct 1, 2004 | Docket: 1282248

Cited 7 times | Published

intoxication defense. Through enactment of section 775.051, Florida Statutes, the Legislature has all

Kiley v. State

860 So. 2d 509, 2003 WL 22849442

District Court of Appeal of Florida | Filed: Dec 3, 2003 | Docket: 454580

Cited 7 times | Published

crimes committed on or after October 1, 1999. § 775.051, Fla. Stat. (1999). [2] Kiley and a co-defendant

Barrett v. State

862 So. 2d 44, 2003 WL 22213603

District Court of Appeal of Florida | Filed: Sep 26, 2003 | Docket: 1762664

Cited 7 times | Published

that the trial court erred in holding that section 775.051, Florida Statutes (2001), is constitutional

Stimus v. State

995 So. 2d 1149, 2008 WL 5100436

District Court of Appeal of Florida | Filed: Dec 5, 2008 | Docket: 1684867

Cited 6 times | Published

intoxication. The State observed that, pursuant to section 775.051, Florida Statutes (2002),[2] evidence of voluntary

Reese v. State

869 So. 2d 1225, 2004 WL 592823

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 1175360

Cited 6 times | Published

eliminated as a defense in Florida); see also § 775.051, Fla. Stat. (1999). Burglary, grand theft, and

Kevin J. Sullivan v. Secretary, Florida Department of Corrections

837 F.3d 1195, 2016 U.S. App. LEXIS 17168, 2016 WL 5075937

Court of Appeals for the Eleventh Circuit | Filed: Sep 20, 2016 | Docket: 4423599

Cited 5 times | Published

trial, provides exactly that. See Fla. Stat. § 775.051 (“Voluntary intoxication resulting from the consumption

In re Standard Jury Instructions in Criminal Cases—Report 2012-07

122 So. 3d 302, 38 Fla. L. Weekly Supp. 618, 2013 Fla. LEXIS 1894, 2013 WL 4734573

Supreme Court of Florida | Filed: Sep 4, 2013 | Docket: 60234661

Cited 5 times | Published

adopted in 2013. 3.6(d) VOLUNTARY INTOXICATION § 775.051,’ Fla. Stat. Give if applicable and if requested

Lucherini v. State

932 So. 2d 521, 2006 WL 1686563

District Court of Appeal of Florida | Filed: Jun 21, 2006 | Docket: 1285835

Cited 5 times | Published

an involuntary intoxication defense under section 775.051, Florida Statutes (2000), we reverse his conviction

Straitwell v. State

834 So. 2d 918, 2003 WL 118216

District Court of Appeal of Florida | Filed: Jan 15, 2003 | Docket: 2485113

Cited 5 times | Published

intoxication has been eliminated as a defense. See § 775.051, Fla. Stat. (1999). Because neither Straitwell's

Lovett v. State

773 So. 2d 574, 2000 WL 1700878

District Court of Appeal of Florida | Filed: Nov 15, 2000 | Docket: 1291580

Cited 5 times | Published

been abolished effective October 1, 1999. See § 775.051, Fla. Stat. (1999); ch. 99-174, § 2, Laws of Fla

Cuc v. State

834 So. 2d 378, 2003 WL 118266

District Court of Appeal of Florida | Filed: Jan 15, 2003 | Docket: 1637679

Cited 4 times | Published

defense of voluntary intoxication pursuant to section 775.051, Florida Statutes (2000). We affirm. Appellant

Farr v. State

124 So. 3d 766, 2012 WL 9337465

Supreme Court of Florida | Filed: Nov 29, 2012 | Docket: 60235563

Cited 3 times | Published

intoxication was recognized as a defense. See § 775.051, Fla. Stat. (2011) (abolishing voluntary intoxication

Buzia v. State

82 So. 3d 784, 2011 WL 6090069

Supreme Court of Florida | Filed: Dec 8, 2011 | Docket: 60306257

Cited 3 times | Published

however, is not a valid defense to the crime. See § 775.051, Fla. Stat. (1999) (“Voluntary intoxication resulting

In Re Standard Jury Instructions in Criminal Cases (No. 2005-5).

939 So. 2d 1052, 31 Fla. L. Weekly Supp. 607, 2006 Fla. LEXIS 2260, 2006 WL 2771525

Supreme Court of Florida | Filed: Sep 28, 2006 | Docket: 1657438

Cited 3 times | Published

In 1999, the Florida Legislature enacted section 775.051, Florida Statutes, which made a defendant's

Miller v. State

805 So. 2d 885, 2001 WL 1202954

District Court of Appeal of Florida | Filed: Oct 12, 2001 | Docket: 1669414

Cited 3 times | Published

offenses occurred prior to the adoption of section 775.051, Florida Statutes (1999), which abolished the

Carter v. State

801 So. 2d 113, 2001 WL 1614579

District Court of Appeal of Florida | Filed: Oct 12, 2001 | Docket: 1744716

Cited 3 times | Published

State, 480 So.2d 91, 92 (Fla.1985). However, section 775.051, Florida Statutes (1999), precludes the defense

Fletcher v. State

53 So. 3d 1249, 2011 Fla. App. LEXIS 2221, 2011 WL 611877

District Court of Appeal of Florida | Filed: Feb 23, 2011 | Docket: 60298053

Cited 2 times | Published

intoxication was a recognized defense at the time. See § 775.051, Fla. Stat. (2010) (abolishing voluntary intoxication

Gutierrez v. State

860 So. 2d 1043, 2003 WL 22867883

District Court of Appeal of Florida | Filed: Dec 5, 2003 | Docket: 454705

Cited 2 times | Published

of voluntary intoxication was abolished. See § 775.051, Fla. Stat. (2000). Gutierrez's crimes occurred

Morgan v. State

198 So. 3d 812, 2016 Fla. App. LEXIS 3521, 2016 WL 886530

District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 3044950

Cited 1 times | Published

course, is not a defense to the crime of burglary. § 775.051, Fla. Stat. (2013); see also Rudolf v. State

Neal Jacobson v. State of Florida

171 So. 3d 188, 2015 Fla. App. LEXIS 11416, 2015 WL 4557057

District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679162

Cited 1 times | Published

defense of involuntary intoxication. While section 775.051, Florida Statutes (1999), abolished the defense

Pinkney Carter v. State of Florida

175 So. 3d 761, 40 Fla. L. Weekly Supp. 404, 2015 Fla. LEXIS 1434, 2015 WL 3999182

Supreme Court of Florida | Filed: Jul 2, 2015 | Docket: 2670746

Cited 1 times | Published

claims. He challenged the constitutionality of section 775.051, Florida Statutes (2002), which provides that

Joseph P. Smith v. State of Florida

151 So. 3d 1177, 39 Fla. L. Weekly Supp. 561, 2014 Fla. LEXIS 2754, 2014 WL 4458689

Supreme Court of Florida | Filed: Sep 11, 2014 | Docket: 1212084

Cited 1 times | Published

statement of allocution before the jury; (12) section 775.051, Florida Statutes (2004), violates due process;

Casey v. State

969 So. 2d 1055, 32 Fla. L. Weekly Fed. D 2361

District Court of Appeal of Florida | Filed: Oct 3, 2007 | Docket: 1726039

Cited 1 times | Published

March 25, 1999, prior to the enactment of section 775.051, Florida Statutes, eliminating this defense

McCann v. State

854 So. 2d 788, 2003 WL 22056033

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 1747388

Cited 1 times | Published

CANADY, JJ., Concur. NOTES [1] We note that section 775.051, Florida Statutes (1999), abolished the voluntary

Kijewski v. State

831 So. 2d 757, 2002 WL 31557943

District Court of Appeal of Florida | Filed: Nov 20, 2002 | Docket: 1387847

Cited 1 times | Published

eliminating voluntary intoxication as a defense. § 775.051, Fla. Stat. (1999) (effective October 1, 1999)

William Alexander McCauley v. the State of Florida

District Court of Appeal of Florida | Filed: Jan 15, 2025 | Docket: 69546352

Published

BOKOR, JJ. PER CURIAM. Affirmed. See § 775.051, Fla. Stat. (2021) (“Voluntary intoxication resulting

Everett G. Miller v. State of Florida

Supreme Court of Florida | Filed: Feb 29, 2024 | Docket: 68295180

Published

drinking or marijuana use was prohibited by section 775.051, Florida Statutes, and that the defense was

Troy Merck, Jr. v. State of Florida

Supreme Court of Florida | Filed: Jul 9, 2020 | Docket: 17334376

Published

defense. § 775.051, Fla. Stat. (2019); ch. 99- 174, § 1, Laws of Fla. (creating section 775.051, effective

DERREN DEJUAN MORRISON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 11, 2019 | Docket: 16571839

Published

2d 933, 933 (Fla. 4th DCA 2002) (citing to section 775.051, Fla. Stat. (1999)).

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-13.

272 So. 3d 1210

Supreme Court of Florida | Filed: Jun 6, 2019 | Docket: 15737694

Published

INVOLUNTARY INTOXICATION NEGATING SPECIFIC INTENT § 775.051 Fla. Stat. Voluntary intoxication is not

Troy Merck, Jr. v. State of Florida

Supreme Court of Florida | Filed: Dec 28, 2018 | Docket: 14544779

Published

statute. § 775.051, Fla. Stat. (2018); ch. 99- 174, § 1, Laws of Fla. (creating section 775.051, effective

Troy Merck, Jr. v. State of Florida

260 So. 3d 184

Supreme Court of Florida | Filed: Dec 28, 2018 | Docket: 8498551

Published

statute. § 775.051, Fla. Stat. (2018) ; ch. 99-174, § 1, Laws of Fla. (creating section 775.051, effective

Dupriest v. State

260 So. 3d 553

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64699799

Published

to adequately investigate his defense under section 775.051, Florida Statutes, so that an expert could

Dupriest v. State

260 So. 3d 553

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64699800

Published

to adequately investigate his defense under section 775.051, Florida Statutes, so that an expert could

William v. DuPriest v. State of Florida

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 8455138

Published

to adequately investigate his defense under section 775.051, Florida Statutes, so that an expert could

Jeffrey W. Davis v. State

214 So. 3d 792, 2017 Fla. App. LEXIS 4780

District Court of Appeal of Florida | Filed: Apr 7, 2017 | Docket: 4684540

Published

intoxication is not a defense in Florida. See § 775.051, Fla. Stat. (2014). However, involuntary intoxication

Neal Jacobson v. State of Florida

District Court of Appeal of Florida | Filed: May 13, 2015 | Docket: 2679346

Published

would have gone to trial instead. While section 775.051, Florida Statutes (1999), abolished the defense

DeLucca v. State

64 So. 3d 164, 2011 Fla. App. LEXIS 9624, 2011 WL 2462813

District Court of Appeal of Florida | Filed: Jun 22, 2011 | Docket: 273099

Published

intoxication defense to the child neglect charge. See § 775.051, Fla. Stat. (2007). The basis for that charge

Nieves v. State

13 So. 3d 521, 2009 Fla. App. LEXIS 7618

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 60237604

Published

PER CURIAM. Affirmed. See § 775.051, Fla. Stat. (2007); Montero v. State, 996 So.2d 888 (Fla. 4th DCA

Nieves v. State

13 So. 3d 521, 2009 WL 1675869

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 2585269

Published

and ROTHENBERG, JJ. PER CURIAM. Affirmed. See § 775.051, Fla. Stat. (2007); Montero v. State, 996 So.2d

Hetherly v. Sawgrass Tavern Inc.

975 So. 2d 1266, 2008 Fla. App. LEXIS 3468, 2008 WL 649574

District Court of Appeal of Florida | Filed: Mar 12, 2008 | Docket: 1424680

Published

768.36 is not an issue in this appeal. [5] See § 775.051, Fla. Stat. (2007) ("Voluntary intoxication resulting

Parrish v. State

892 So. 2d 1199, 2005 WL 292989

District Court of Appeal of Florida | Filed: Feb 9, 2005 | Docket: 1079784

Published

STONE and POLEN, JJ., concur. NOTES [1] Section 775.051, Florida Statutes, provides that voluntary

Hammond v. State

864 So. 2d 586, 2004 Fla. App. LEXIS 930, 2004 WL 231273

District Court of Appeal of Florida | Filed: Feb 4, 2004 | Docket: 64827684

Published

weapon challenging the constitutionality of section 775.051, Florida Statutes (1999). For the reasons stated

Travaglia v. State

864 So. 2d 1221, 2004 Fla. App. LEXIS 476, 2004 WL 119358

District Court of Appeal of Florida | Filed: Jan 23, 2004 | Docket: 64827851

Published

predated the statute eliminating the defense. See § 775.051, Fla. Stat. (1999). Travaglia did not expressly

Williams v. State

861 So. 2d 527, 2003 Fla. App. LEXIS 19595, 2003 WL 23014399

District Court of Appeal of Florida | Filed: Dec 29, 2003 | Docket: 64827039

Published

defense was abolished as of October 1, 1999. See § 775.051, Fla. Stat. (1999). Because this claim is facially

Lovett v. State

848 So. 2d 1254, 2003 Fla. App. LEXIS 10299, 2003 WL 21537078

District Court of Appeal of Florida | Filed: Jul 9, 2003 | Docket: 64823894

Published

crimes committed on or after October 1, 1999. See § 775.051, Fla. Stat. (1999); ch. 99-174, §§ 1-2, Laws of

Garcia v. State

829 So. 2d 397, 2002 Fla. App. LEXIS 16101, 2002 WL 31466415

District Court of Appeal of Florida | Filed: Nov 6, 2002 | Docket: 64818630

Published

abolition of voluntary intoxication as a defense. See § 775.051, Fla. Stat. (1999); ch. 99-174, § 2, Laws of Fla

Campbell v. State

814 So. 2d 1206, 2002 Fla. App. LEXIS 5165, 2002 WL 662529

District Court of Appeal of Florida | Filed: Apr 24, 2002 | Docket: 64814681

Published

crimes occurred prior to October 1, 1999, when section 775.051, Florida *1207Statutes (1999), eliminated the

West v. State

791 So. 2d 527, 2001 WL 829933

District Court of Appeal of Florida | Filed: Jul 25, 2001 | Docket: 1655719

Published

stricken the voluntary intoxication defense. See § 775.051, Fla. Stat. (2001). [2] We note that if counsel's

West v. State

791 So. 2d 527, 2001 WL 829933

District Court of Appeal of Florida | Filed: Jul 25, 2001 | Docket: 1655719

Published

stricken the voluntary intoxication defense. See § 775.051, Fla. Stat. (2001). [2] We note that if counsel's

Mullis v. State

769 So. 2d 475, 2000 Fla. App. LEXIS 13292, 2000 WL 1513733

District Court of Appeal of Florida | Filed: Oct 13, 2000 | Docket: 64801080

Published

October 1, 1999, the defense does not exist. See section 775.051, Florida Statutes (1999).

Firth v. State

764 So. 2d 734, 2000 WL 868246

District Court of Appeal of Florida | Filed: Jun 30, 2000 | Docket: 1516383

Published

PAUL W., (Senior) Judge, Concur. NOTES [1] Section 775.051, Florida Statutes (1999), now provides: "Voluntary

Glenn v. State

753 So. 2d 669, 2000 Fla. App. LEXIS 2573, 2000 WL 263132

District Court of Appeal of Florida | Filed: Mar 10, 2000 | Docket: 64795943

Published

eliminate this distinction for future cases. See § 775.051, Fla. Stat. (1999). We conclude that this distinction