Such intoxication should be a mitigating factor to the extent that it impairs the offender's capacity to appreciate the wrongfulness of the conduct. However, it may be an aggravating factor in cases involving offenders who have a significant history of alcoholism linked to criminal activity and who have refused treatment or failed repeatedly in treatment. Nevertheless, in some cases in which intoxication should be considered to be an aggravating circumstance, the sentencing judge should not find it to be an aggravating factor. These cases are those in which State law makes intoxication generally a defense at trial or in which a finding of such a factor would count defendants' criminal records against them twice. A review of statutes and case law in 30 states shows that 6 states have explicitly addressed this issue. Text of proposal for considering the defendant's intoxication, commentary on proposal, tables, and footnotes.