Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 775.051 | Lawyer Caselaw & Research
F.S. 775.051 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 775.051

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS
View Entire Chapter
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 Casetext

Amendments to 775.051


Arrestable Offenses / Crimes under Fla. Stat. 775.051
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 775.051.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 272 So. 3d 1210 (Fla. 2019)

. . . and 2017 [ 213 So.3d 680], and 2019. 3.6(e)(1) INVOLUNTARY INTOXICATION NEGATING SPECIFIC INTENT § 775.051 . . . This defense applies when: Give a or b as applicable. a. § 775.051, Fla. Stat.; Lucherini v. . . . of involuntary intoxication, you may consider the testimony of expert and non-expert witnesses. §§ 775.051 . . . considered involuntarily intoxicated to the point of insanity when: Give a or b as applicable. a. § 775.051 . . . Give if applicable. §§ 775.051, 893.02(2 1 3 ) Fla. Stat s . . . .

MERCK, Jr. v. STATE, 260 So. 3d 184 (Fla. 2018)

. . . . § 775.051, Fla. Stat. (2018) ; ch. 99-174, § 1, Laws of Fla. . . . (creating section 775.051, effective October 1, 1999). . . .

V. DUPRIEST, v. STATE, 260 So. 3d 553 (Fla. App. Ct. 2018)

. . . alleged that counsel was ineffective for failing to adequately investigate his defense under section 775.051 . . . State , 884 So.2d 437, 439 (Fla. 1st DCA 2004) (holding that section 775.051 did not provide a valid . . .

W. DAVIS, v. STATE, 214 So. 3d 792 (Fla. Dist. Ct. App. 2017)

. . . See § 775.051, Fla. Stat. (2014). However, involuntary intoxication is a valid defense. Stimus v. . . .

J. SULLIVAN, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 837 F.3d 1195 (11th Cir. 2016)

. . . . § 775.051 (“Voluntary intoxication resulting from the consumption, injection, or other use of alcohol . . . Stat. § 775.051 (effective Oct. 1, 1999). . . .

MORGAN, v. STATE, 198 So. 3d 812 (Fla. Dist. Ct. App. 2016)

. . . . § 775.051, Fla. Stat. (2013); see also Rudolf v. . . . defense to specific intent crimes but that the defense was abrogated in 1999 by the passage of section 775.051 . . . Section 775.051 does not, however, eliminate any element of the offense of burglary. . . .

JACOBSON, v. STATE, 171 So. 3d 188 (Fla. Dist. Ct. App. 2015)

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

CARTER, v. STATE, 175 So. 3d 761 (Fla. 2015)

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

P. SMITH, v. STATE, 151 So. 3d 1177 (Fla. 2014)

. . . erred when it refused to allow Smith to make a statement of allocution before the jury; (12) section 775.051 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 122 So. 3d 302 (Fla. 2013)

. . . This instruction was adopted in 2013. 3.6(d) VOLUNTARY INTOXICATION § 775.051,’ Fla. Stat. . . . This defense applies when: Give a orb as applicable. a. § 775.051 Fla. Stat; Lucherini v. . . . This instruction was adopted in 2013. 3.6(e)(2) INVOLUNTARY INTOXICATION RESULTING IN INSANITY § 775.051 . . . considered involuntarily intoxicated to the point of insanity when: Give a orb as applicable. a. § 775.051 . . . Give if applicable. §§ 775.051, 893.02(21) Fla. Stats. . . .

REAVES, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 717 F.3d 886 (11th Cir. 2013)

. . . . § 775.051 (1999); Travaglia v. State, 864 So.2d 1221, 1223 (Fla. 5th DCA 2004). . . .

PATRICK, v. STATE, 104 So. 3d 1046 (Fla. 2012)

. . . See § 775.051, Fla. Stat. (1999). Lewis v. State, 817 So.2d 933, 933 (Fla. 4th DCA 2002). . . . As of October 1, 1999, the Florida Legislature eliminated the defense of voluntary intoxication. § 775.051 . . . The trial court’s instruction tracked the language of section 775.051. . . .

FARR, v. STATE v. S., 124 So. 3d 766 (Fla. 2012)

. . . See § 775.051, Fla. . . .

M. BUZIA, v. STATE M. v. S., 82 So. 3d 784 (Fla. 2011)

. . . See § 775.051, Fla. . . . See § 775.051, Fla. Stat. . . .

DeLUCCA, v. STATE, 64 So. 3d 164 (Fla. Dist. Ct. App. 2011)

. . . See § 775.051, Fla. Stat. (2007). . . .

FLETCHER, v. STATE, 53 So. 3d 1249 (Fla. Dist. Ct. App. 2011)

. . . See § 775.051, Fla. . . .

SMITH, v. STATE, 28 So. 3d 838 (Fla. 2009)

. . . Constitutionality of Section 775.051, Florida Statutes (2004.) . . . Smith asserts that section 775.051 is fundamentally different from the voluntary-intoxication-defense . . . As with the allocution issue, this Court in Troy considered and rejected a claim that section 775.051 . . . Thus, we have previously determined that section 775.051 does not violate due process. . . . Florida’s voluntary-intoxication statute provides: 775.051. . . .

NIEVES, v. STATE, 13 So. 3d 521 (Fla. Dist. Ct. App. 2009)

. . . See § 775.051, Fla. Stat. (2007); Montero v. State, 996 So.2d 888 (Fla. 4th DCA 2008). . . .

STIMUS, v. STATE, 995 So. 2d 1149 (Fla. Dist. Ct. App. 2008)

. . . The State observed that, pursuant to section 775.051, Florida Statutes (2002), evidence of voluntary . . . We find no merit to Stimus’ argument that the application of section 775.051 constituted a denial of . . . Section 775.051, Florida Statutes (2002) provides: Voluntary intoxication; not a defense; evidence not . . .

MONTERO, v. STATE, 996 So. 2d 888 (Fla. Dist. Ct. App. 2008)

. . . Section 775.051, Florida Statutes (1999), abolished the voluntary intoxication defense for offenses committed . . .

OWEN, v. STATE v. A., 986 So. 2d 534 (Fla. 2008)

. . . See § 775.051, Fla. . . .

HETHERLY v. SAWGRASS TAVERN INC., 975 So. 2d 1266 (Fla. Dist. Ct. App. 2008)

. . . See § 775.051, Fla. . . .

CARTER, v. STATE, 980 So. 2d 473 (Fla. 2008)

. . . Voluntary Intoxication Defense Carter argues that section 775.051, Florida Statutes (2002), which prevented . . . See id. at 643-45 (holding that section 775.051 did not violate due process or equal protection). . . . Section 775.051 provides: Voluntary intoxication resulting from the consumption, injection, or other . . . pursuant to a lawful prescription issued to the defendant by a practitioner as defined in s. 893.02. § 775.051 . . .

POOLER, v. STATE, 980 So. 2d 460 (Fla. 2008)

. . . Although the law has since changed, see § 775.051, Fla. . . .

CASEY, v. STATE, 969 So. 2d 1055 (Fla. Dist. Ct. App. 2007)

. . . The offense was committed March 25, 1999, prior to the enactment of section 775.051, Florida Statutes . . .

SMILEY, Jr. v. STATE, 966 So. 2d 330 (Fla. 2007)

. . . Finally, section 776.013 is analogous to section 775.051, which abrogated the affirmative defense of . . . force without first retreating, rather than abrogating an affirmative defense as occurred with section 775.051 . . . , the classification by this Court of section 775.051 as a substantive change in the law is analogous . . . State, 862 So.2d 44, 48 (Fla.2d DCA 2003), that although section 775.051 has procedural elements that . . . are closely related to the substantive elements of the statute, section 775.051 constitutes a substantive . . .

JONES, v. STATE v. R., 949 So. 2d 1021 (Fla. 2006)

. . . Section 775.051, Florida Statutes (2006), which became effective on October 1, 1999, provides in full . . .

TROY, v. STATE, 948 So. 2d 635 (Fla. 2006)

. . . Constitutionality of Section 755.051 Troy first argues that section 775.051, which prevented him from . . . Section 775.051 provides as follows: 775.051. . . . Section 775.051 was enacted in 1999, several years after the United States Supreme Court rendered its . . . In Florida, two appellate decisions have addressed and upheld the constitutionality of section 775.051 . . . As was the case with the Montana statute under Justice Ginsburg’s analysis, section 775.051 effects a . . .

EVANS, v. STATE v. R., 946 So. 2d 1 (Fla. 2006)

. . . . § 775.051, Fla. Stat. (1999). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES NO., 939 So. 2d 1052 (Fla. 2006)

. . . In 1999, the Florida Legislature enacted section 775.051, Florida Statutes, which made a defendant’s . . . See section 775.051, Florida StaUotes. . . .

HARRIS, v. SECRETARY FOR THE DEPARTMENT OF CORRECTIONS,, 189 F. App'x 904 (11th Cir. 2006)

. . . . § 775.051 (1999). . . .

LUCHERINI, v. STATE, 932 So. 2d 521 (Fla. Dist. Ct. App. 2006)

. . . evidence of his prescription medications in support of an involuntary intoxication defense under section 775.051 . . . Lucherini argued that section 775.051, while eliminating the defense of voluntary intoxication, provides . . . Section 775.051 provides that: Voluntary intoxication resulting from the consumption, injection, or other . . . According to the plain language of section 775.051, evidence of a defendant’s consumption, injection, . . . State, 884 So.2d 437, 438-39 (Fla. 1st DCA 2004), the first district, interpreting section 775.051, stated . . .

M. BOEHM, v. V. CROSBY,, 146 F. App'x 422 (11th Cir. 2005)

. . . . § 775.051; Lewis v. Florida, 817 So.2d 933 (Fla.Dist.Ct.App.2002). . . .

GIBBS, v. STATE, 904 So. 2d 432 (Fla. Dist. Ct. App. 2005)

. . . . § 775.051, Fla. Stat. (1999); Lewis v. State, 817 So.2d 933, 933 (Fla. 4th DCA 2002). . . . The trial court’s instruction tracked the language of section 775.051. . . . , the trial court allowed Barrett to present evidence of his intoxication, but, pursuant to section 775.051 . . . Barrett appealed, and the district court held that section 775.051 was constitutional and did not deprive . . .

PARRISH, v. STATE, 892 So. 2d 1199 (Fla. Dist. Ct. App. 2005)

. . . Section 775.051, Florida Statutes, provides that voluntary intoxication is no longer a defense to specific . . .

COBB, v. STATE, 884 So. 2d 437 (Fla. Dist. Ct. App. 2004)

. . . Through enactment of section 775.051, Florida Statutes, the Legislature has all but eliminated the defense . . . testimony in support of Cobb’s involuntary intoxication defense is not compelled by Brancaccio or section 775.051 . . .

DOUGLAS, v. STATE, 878 So. 2d 1246 (Fla. 2004)

. . . Section 775.051, Florida Statutes (2003), which became effective on October 1, 1999, provides in full . . .

E. REESE, v. STATE, 869 So. 2d 1225 (Fla. Dist. Ct. App. 2004)

. . . that as of October 1, 1999, voluntary intoxication was eliminated as a defense in Florida); see also § 775.051 . . .

HAMMOND, v. STATE, 864 So. 2d 586 (Fla. Dist. Ct. App. 2004)

. . . conviction of aggravated assault with a deadly weapon challenging the constitutionality of section 775.051 . . .

TRAVAGLIA, v. STATE, 864 So. 2d 1221 (Fla. Dist. Ct. App. 2004)

. . . See § 775.051, Fla. Stat. (1999). . . .

WILLIAMS, v. STATE, 861 So. 2d 527 (Fla. Dist. Ct. App. 2003)

. . . See § 775.051, Fla. Stat. (1999). . . .

GUTIERREZ, v. STATE, 860 So. 2d 1043 (Fla. Dist. Ct. App. 2003)

. . . See § 775.051, Fla. Stat. (2000). . . .

A. KILEY, v. STATE, 860 So. 2d 509 (Fla. Dist. Ct. App. 2003)

. . . . § 775.051, Fla. Stat. (1999). . . . .

BARRETT, v. STATE, 862 So. 2d 44 (Fla. Dist. Ct. App. 2003)

. . . his conviction for first-degree murder and asserts that the trial court erred in holding that section 775.051 . . . Barrett claims that section 775.051, which eliminates voluntary intoxication as a defense to criminal . . . Section 775.051 provides that: Voluntary intoxication resulting from the consumption, injection, or other . . . The trial court allowed Barrett to present evidence of his intoxication, but, pursuant to section 775.051 . . . In a recent decision, the Fourth District Court of Appeal held that section 775.051 does not violate . . .

J. McCANN, v. STATE, 854 So. 2d 788 (Fla. Dist. Ct. App. 2003)

. . . We note that section 775.051, Florida Statutes (1999), abolished the voluntary intoxication defense in . . .

RUDOLF, Jr. v. STATE, 851 So. 2d 839 (Fla. Dist. Ct. App. 2003)

. . . (creating section 775.051, Florida Statutes, which abrogates voluntary intoxication as a defense, effective . . .

LOVETT, v. STATE, 848 So. 2d 1254 (Fla. Dist. Ct. App. 2003)

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

CUC, v. STATE, 834 So. 2d 378 (Fla. Dist. Ct. App. 2003)

. . . United States Constitutions when it excluded the defense of voluntary intoxication pursuant to section 775.051 . . . Egelhoff, 518 U.S. 37, 116 S.Ct. 2013, 135 L.Ed.2d 361 (1996), that a Montana statute similar to Florida’s 775.051 . . . See § 775.051, Fla. Stat. (2000). We accordingly affirm. . . .

STRAITWELL, v. STATE, 834 So. 2d 918 (Fla. Dist. Ct. App. 2003)

. . . See § 775.051, Fla. Stat. (1999). . . .

KIJEWSKI, v. STATE, 831 So. 2d 757 (Fla. Dist. Ct. App. 2002)

. . . . § 775.051, Fla. Stat. (1999) (effective October 1,1999). . . .

GARCIA, v. STATE, 829 So. 2d 397 (Fla. Dist. Ct. App. 2002)

. . . See § 775.051, Fla. Stat. (1999); ch. 99-174, § 2, Laws of Fla. . . .

LEWIS, v. STATE, 817 So. 2d 933 (Fla. Dist. Ct. App. 2002)

. . . The trial court refused and, upon the state’s request pursuant to section 775.051 of the Florida Statutes . . . See § 775.051, Fla. Stat. (1999). However, in light of our recent decision in C.B. v. . . . For this reason, we find that section 775.051 would not apply to this case and affirm the decision of . . .

CAMPBELL, v. STATE, 814 So. 2d 1206 (Fla. Dist. Ct. App. 2002)

. . . Campbell’s crimes occurred prior to October 1, 1999, when section 775.051, Florida Statutes (1999), eliminated . . .

MILLER, v. STATE, 805 So. 2d 885 (Fla. Dist. Ct. App. 2001)

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

M. CARTER, v. STATE, 801 So. 2d 113 (Fla. Dist. Ct. App. 2001)

. . . However, section 775.051, Florida Statutes (1999), precludes the defense of voluntary intoxication for . . .

WEST, v. STATE, 791 So. 2d 527 (Fla. Dist. Ct. App. 2001)

. . . See § 775.051, Fla. Stat. (2001). . . . .

LOVETT, v. STATE, 773 So. 2d 574 (Fla. Dist. Ct. App. 2000)

. . . See § 775.051, Fla. Stat. (1999); ch. 99-174, § 2, Laws of Fla. . The crime dale was April 21, 1994. . . .

MULLIS, v. STATE, 769 So. 2d 475 (Fla. Dist. Ct. App. 2000)

. . . See section 775.051, Florida Statutes (1999). . . .

R. FIRTH, v. STATE, 764 So. 2d 734 (Fla. Dist. Ct. App. 2000)

. . . Section 775.051, Florida Statutes (1999), now provides: "Voluntary intoxication resulting from the consumption . . .

GLENN, v. STATE, 753 So. 2d 669 (Fla. Dist. Ct. App. 2000)

. . . See § 775.051, Fla. Stat. (1999). . . .