The subjective aspect of implied malice is defined as a specific intent in California. This intent can be negated also by voluntary intoxication or mental illness. In many states, in drunk driving cases, the state of mind of an individual when taking the first drink is the determining factor and not the state of mind when a drunk driver killed an individual. It is evident that the law in this area is complex. Nonetheless, it is essential to become aware of the relevant law in any jurisdiction in which criminal forensic psychiatric assessments are made.
Laws differ from state to state.
Some jurisdictions permit mens rea defenses but others do not. Crimes are defined differently in the various states. Since intoxication is such a common factor in most violent crime, efforts should be made to assess whether a defendant's intoxication negated a required specific intent in a particular case. As can be seen, knowledge of the complex potential mens rea defenses is essential when evaluating a criminal defendant in jurisdictions that permit such defenses.