The government would have to prove that you acted with mens rea. If you are intoxicated, there might be a failure of proof because they can"t prove mental state. With act, if you had enough alcohol to black out, you aren"t acting. You can show i did all of these things, but i was in an altered mental state because of no fault of my own. United states v. veach (voluntary intoxication: facts: veach"s automobile collided with another vehicle in a national park. U. s. park rangers suspected and tested for intoxication by field tests and a portable breath analysis, which all confirmed it. The jury found that he was guilty of resisting a federal law enforcement officer under 18 u. s. c. Section 111(a)(1), and for threatening to assault and murder a federal law enforcement officer in order to prevent the officer from carrying out his official duties under 18 u. s. c.