The intoxication defense, provided in Fla. Stat. 768.36, has become a strong tool for defendants, allowing them to close the door on any recovery should the jury find that the plaintiff was primarily at fault for his or her own injuries as a result of intoxication.

Section 768.36, entitled "Alcohol or drug defenses," provides that:

(2) In any civil action, a plaintiff may not recover any damages for loss or injury to his or her person or property if the trier of fact finds that, at the time the plaintiff was injured:

     (a) The Plaintiff was under the influence of any alcoholic beverage or drug to the extent that the plaintiff's normal faculties were impaired or the plaintiff had a blood alcohol level of 0.08 percent or higher; and

     (b) As a result of the influence of such alcoholic beverage or drug the plaintiff was more than 50 percent at fault for his or her own harm.