One of the most common questions in criminal law is whether committing an offence under the influence of alcohol or drugs can reduce criminal liability.
The answer is clear: only in very specific circumstances.
In one of our TikTok videos, Ignacio Estradé explains when the use of alcohol or drugs may be considered a mitigating factor, and why not every type of consumption meets the legal requirements.
What Is a Mitigating Factor in Criminal Law?
A mitigating factor is a circumstance that, when properly proven, can reduce the sentence because it affects the offender’s capacity at the time the offence was committed.
In cases involving alcohol or drugs, the key issue is not the mere fact of consumption, but how that consumption affected the individual.
When Consumption May Be Considered a Mitigating Factor
Under certain conditions, the use of alcohol or narcotic substances may qualify as a mitigating factor if the following requirements are met:
- The consumption must be problematic or habitual, not occasional.
- It must have a real impact on the individual’s cognitive capacity.
- It must reduce the person’s volitional capacity, meaning their ability to make decisions and control their behaviour.
- There must be a direct causal link between that state and the commission of the offence.
In such cases, it is understood that the person did not act with full awareness or free will.
What Does NOT Qualify as a Mitigating Factor
One of the most common mistakes is assuming that having drunk alcohol or used drugs on a one-off basis is enough to reduce criminal liability.
It is not
❌ Occasional consumption.
❌ A one-time episode of intoxication.
❌ Alleging substance use without medical or expert evidence.
None of these situations is sufficient for a mitigating factor to apply.
As Ignacio Estradé explains, not every type of consumption is relevant: it must be problematic use that directly influenced the criminal act.
The Importance of Evidence
For alcohol or drug use to be taken into account as a mitigating factor, it must be properly proven, for example through:
- Medical or psychological reports.
- A documented history of addiction.
- Expert evidence.
- Clinical records or previous treatment documentation.
Without solid evidence, the argument will not succeed in criminal proceedings.
A Case-by-Case Analysis
Each situation must be assessed individually.
Criminal law does not operate through automatic rules, but through precise legal and technical evaluations.
At Estradé Law Firm, we always stress the same point:
not all consumption exempts liability, and not all consumption mitigates it.
The key lies in how it actually affected the person at the time of the offence.
