California, United States of America
The following excerpt is from People v. Whitfield, 27 Cal.Rptr.2d 858, 7 Cal.4th 437, 868 P.2d 272 (Cal. 1994):
The Attorney General contends it is anomalous to allow a defendant who kills another while driving under the influence to rely upon the fact of self-induced intoxication to demonstrate that he or she did not harbor malice and, therefore, is guilty only of manslaughter rather than murder. But a defendant who kills another by firing a gun may defend against a charge of murder by establishing that, due to voluntary intoxication, he or she did not harbor malice and is guilty instead of manslaughter. (People v. Saille, supra, 54 Cal.3d 1103, 1116-1117, 2 Cal.Rptr.2d 364, 820 P.2d 588.) The laws governing prosecutions for murder must apply equally whether the defendant kills the victim by means of a firearm or an automobile.