At least one ancient Greek lawmaker would have viewed such a defense as ludicrous. Diogenes Laertius 1.4.76 (tr. R.D. Hicks) writes about Pittacus:
Among the laws which he made is one providing that for any offence committed in a state of intoxication the penalty should be doubled; his object was to discourage drunkenness, wine being abundant in the island [Mitylene].