Alcohol, Alcoholics, and Testimony

Alcohol is a powerful substance as it can have significant effects on the mind and body.  Alcohol changes people's conscious perception of events and alters people's decision making and their personalities.  Everyone is affected differently.  As everyone is aware, some people are able to handle alcohol in a manner that is socially acceptable and others are not.  Some people become chemically dependent on alcohol.  Some people always find themselves making bad decisions after drinking alcohol.  Others become violent after drinking alcohol.
Alcohol can be a very important factor in criminal cases.  Use of alcohol can actually negate the intent necessary to commit certain crimes, but alcohol use is is more frequently a factor with witness testimony.   Witness testimony is necessary in all criminal cases, and a witness's ability to perceive and recall events is crucial.  Alcohol use creates doubt as to the reliability of the witness's perception and recall.   Doubt regarding a witness's testimony, which a Defendant can introduce to a trier of fact (judge or jury) in a criminal case, makes a not guilty verdict more likely.
The testimony of someone who drinks alcohol in large quantities on a regular basis (for the purposes of this blog "an alcoholic") can be even more unreliable.  The effects on the brain of substantial alcohol use, especially over long periods of time, are undeniable.  The brain is not able to function in the same way as it was without the alcohol.  In a criminal case, this can bring doubt into a case when an alcoholic witness has been drinking, or even when an alcoholic witness has not been drinking.  This can work against Defendants as well, so strategy is important.  It can also be difficult to introduce evidence of alcoholism into a case because of certain interpretations of the rules of evidence.  Defendants must make sure that their attorneys take a witness's alcohol use and/or abuse into consideration when negotiating a case or especially at a hearing.  
If you have been charged with Battery, Battery Domestic Violence, or any crime related to a Domestic incident, or if a TPO has been issued against you, please visit gerobinsonlaw.com or call 702-233-4225 for help.