Wyoming Statutes

Wyo. Stat. § 6-1-202 (2026)

Being under the influence not a defense; effect

✓ current as of May 2026

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upon intent; "self-induced."

     (a) Self-induced intoxication of the defendant is not a
defense to a criminal charge except to the extent that in any
prosecution evidence of self-induced intoxication of the
defendant may be offered when it is relevant to negate the
existence of a specific intent which is an element of the crime.
     (b) Intoxication is self-induced if it is caused by
substances which the defendant knows or ought to know have the
tendency to cause intoxication and which he knowingly and
voluntarily introduced or allowed to be introduced into his body
unless they were introduced pursuant to medical advice. The fact
that the defendant is dependent upon the intoxicating substance
is not relevant in determining whether his intoxication is self-
induced.

Notes of Decisions

Cited in 26 cases (5 in the last 5 years), 1983–2026 · leading case: Mowery v. State, 2011 WY 38 (Wyo. 2011).

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Mowery v. State, 2011 WY 38 (Wyo. 2011). · cites it 5× “Being under the influence not a defense; effect upon intent; "self-induced" (a) Self-induced intoxication of the defendant is not a defense to a criminal charge except to the extent that in any prosecution evidence of self-induced intoxication of the defendant may be offered…”

Armijo v. State, 678 P.2d 864 (Wyo. 1984). · cites it 3× “Section 6-1-202, W.S.1977 (June 1983 Repl.”

Hankinson v. State, 2002 WY 86 (Wyo. 2002). · cites it 5× “[¶ 9] The trial court also properly instructed the jury on the law pertaining to the cireumstances under which a person charged with a specific intent crime may defend on the basis of voluntary intoxication.”

Todd Lee Harnden v. State, 2016 WY 92 (Wyo. 2016). · cites it 3× “He relies upon Wyo. Stat. Ann. § 6-1-202 (a) (LexisNexis 2015), which states, "Selfin-duced intoxication of the defendant is not a defense to a eriminal charge except to the extent that in any prosecution evidence of self-induced intoxication of the defendant may be offered when…”

Raymond Martin Brown v. The State of Wyoming, 2019 WY 102 (Wyo. 2019). · cites it 2× “[¶35] While self-induced intoxication is a defense to specific intent crimes, Wyo. Stat. Ann. § 6-1-202 (LexisNexis 2019), evidence of Mr.”

Poitra v. State, 2012 WY 58 (Wyo. 2012). · cites it 5× “Wyo. Stat. Ann. § 6-1-202 (b) (LexisNexis 2011) provides: Intoxication is self-induced if it is caused by substances which the defendant knows or ought to know have the tendency to cause intoxication and which he knowingly and voluntarily introduced or allowed to be introduced…”

King v. State, 2002 WY 27 (Wyo. 2002). · cites it 2× “[[Image here]] (b) A person who intentionally and knowingly causes or attempts to cause bodily injury to a peace officer engaged in the lawful performance of his official duties is guilty of a felony punishable by imprisonment for not more than ten (10) years.”

Montez v. State, 2009 WY 17 (Wyo. 2009). · cites it 2× “First, the passage describes an interview that occurred twenty-one hours after the alleged incident, so there is little materiality in regard to the question of Appellant's state of intoxication at the time of the alleged incident. Second, self-induced intoxication is not a…”

Crozier v. State, 723 P.2d 42 (Wyo. 1986). “Second-degree murder is defined in Wyoming as: “Whoever purposely and maliciously, but without premeditation, kills any human being is guilty of murder in the second degree, and shall be imprisoned in the penitentiary for any term not less than twenty (20) years, or during life.”

Osborne v. State, 285 P.3d 248 (Wyo. 2012). “Osborne's trial counsel offered evidence of self-induced intoxication to negate the premeditation element of the first-degree murder charge but did not present any expert testimony.”

Brett v. State, 961 P.2d 385 (Wyo. 1998). · cites it 2× “] § 6-1-202 [and] WPJIC 8.18 Self-induced Intoxication.”

Mickelson v. State, 287 P.3d 750 (Wyo. 2012). · cites it 3× “Wyo. Stat. Ann. § 6-1-202 (LexisNexis 2011).”

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— Wyo. Stat. § 6-1-202(a) — 3 cases

Todd Lee Harnden v. State, 2016 WY 92 (Wyo. 2016). “He relies upon Wyo. Stat. Ann. § 6-1-202 (a) (LexisNexis 2015), which states, "Selfin-duced intoxication of the defendant is not a defense to a eriminal charge except to the extent that in any prosecution evidence of self-induced intoxication of the defendant may be offered when…”

Eatherton v. State, 761 P.2d 91 (Wyo. 1988).

— Wyo. Stat. § 6-1-202(b) — 11 cases

Poitra v. State, 2012 WY 58 (Wyo. 2012). “Wyo. Stat. Ann. § 6-1-202 (b) (LexisNexis 2011) provides: Intoxication is self-induced if it is caused by substances which the defendant knows or ought to know have the tendency to cause intoxication and which he knowingly and voluntarily introduced or allowed to be introduced…”

Gilber Aldolfo Delgado, Jr. v. The State of Wyoming, 2022 WY 61 (Wyo. 2022).

Miller v. State, 755 P.2d 855 (Wyo. 1988).

Price v. State, 807 P.2d 909 (Wyo. 1991).

Solomon Preston Bolen v. The State of Wyoming, 2024 WY 48 (Wyo. 2024).

— Wyo. Stat. § 6-1-202(c) — 3 cases

Polston v. State, 685 P.2d 1 (Wyo. 1984).

Van Dean v. State, 668 P.2d 639 (Wyo. 1983).

Lewis v. State, 709 P.2d 1278 (Wyo. 1985).

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