• 1986 - Voluntary Intoxication
  • C-2.25
    • Alcoholic Beverages
    • Gross Negligence
    • Negligence
    • Tort Liability
    • Tort Liability
  • While voluntary intoxication does not excuse [negligence] [or] [willful misconduct], it is not in itself [negligence] [or] [willful misconduct]. However, voluntary intoxication is a circumstance that may tend to prove [negligence] [or] [willful misconduct], which you may consider along with other evidence bearing on the issue of [negligence] [or] [willful misconduct].

     

    [A condition or state of voluntary intoxication, if shown by evidence to have existed in the Defendant at the time of the alleged wrongful conduct, is not of itself a defense. But, whenever the actual existence of any particular purpose, motive, or intent is a necessary element of a Claim, you may take into consideration the fact that the Defendant was intoxicated at the time, in determining the purpose, motive, or intent with which the Defendant acted.

     

    Thus, in this case, [the specific intent to _______________ ] is a necessary element of the Claim. Accordingly, you must inquire into the state of mind under which the Defendant acted. In doing so, you may consider the fact, if you so find, that the Defendant was intoxicated at the time of the alleged wrongful conduct. The weight to be given the evidence on that question and the significance to attach to it, in relation to all of the other evidence, are for you to determine.]

    • 12.1-03-01
    • 12.1-04-02
    • 29-21-14
    • 12.1-04-02
    • Froh v. Hein, 39 NW2d 11 (ND 1949)
    • In re J.K., 2009 ND 46, 763 NW2d 507
    • State v. Esparza, 1998 ND 13, 575 NW2d 203
    • State v. Fraser, 2000 ND 53, 608NW2d 244
    • State v. Marshall, 531 NW2d 284 (ND 1995)
    • State v. Powell, 73 NW2d 777 (ND 1955)
    • State v. Smith, 238 NW2d 662 (ND 1976)
    • State v. Thoreson, 264 NW2d 441 (ND 1978)
  • Notes: (2004 - reviewed with no changes) This instruction may be used whenever the evidence supports an allegation that the negligence or other wrongdoing of a party was pre-induced or aggravated by the consumption of intoxicating liquor.