In prosecutions under intoxication and alcoholic beverage offenses, the fact that the defendant is or has been __________ to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense.

• A. charged
• B. entitled
• C. permitted
• D. licensed

Answer: (B)

The main concept here is that having a legal right to use a substance does not shield you from intoxication-related offenses. Even if the defendant is entitled to use alcohol, a controlled substance, or other drugs—for example, by prescription or official authorization—that entitlement does not serve as a defense to the offense.

The best wording is entitlement because it captures the idea of a formal right or privilege to use the substance. The law recognizes that someone may be legally allowed to use a substance, yet that allowance does not negate the criminal liability for intoxication or the consequences of that intoxication. Being charged, permitted, or licensed to use the substance are not the precise legal concepts the statute uses in this context, and they do not convey the same recognized right as entitlement.

So, even with a prescription or legal permission to use a substance, the operation of the offense can still stand, which is why entitlement is the correct choice.