What is the test for evidence of voluntary intoxication in a criminal case?

Section 29.4, subdivision (a), establishes that "[n]o act committed by a person while in a state of voluntary intoxication is less criminal by reason of his or her having been in that condition. Evidence of voluntary intoxication shall not be admitted to negate the capacity to form any mental states for the crimes charged, including, but not limited to, . . . [the] knowledge . . . with which the accused committed the act." The law establishes one exception: "Evidence of voluntary intoxication is admissible solely on the issue of whether or not the defendant actually formed a required specific intent." ( 29.4, subd. (b).) Courts have applied the language of this statute and concluded that "[e]vidence of voluntary intoxication is inadmissible to negate the existence of general criminal intent." (People v. Atkins (2001) 25 Cal.4th 76, 81 (Atkins).)

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