Could you get a DUI if you had a spiked drink?

On Behalf of | Mar 25, 2022 | DUIs |

What if you didn’t think you were drinking alcohol, but you still produce a positive reading when you take a breath test? You suspect that you were given a spiked drink without your knowledge.

This can be very concerning because you realize that you may have been involuntarily breaking the law. Are you now going to face DUI charges for something that was completely out of your control?

Involuntary intoxication may be a defense

First of all, you may be able to use involuntary intoxication as a defense if you get arrested and wind up in court. You can show that you had no intent to break the law and that you honestly had no idea that you had consumed alcohol in the first place. This is not a guarantee that the charges will get dropped, but it is a defense option that you want to be aware of.

It may depend on your age

Age is also an important factor here. For an adult, one spiked drink is unlikely to get them over the blood alcohol concentration limit of 0.08%. This may mean that you don’t end up facing drunk driving charges because you had a low BAC even though you didn’t think it would be positive at all.

However, those who are under 21 have to follow zero-tolerance laws. This means they can’t have a BAC of 0.02% or above. A spiked drink could get you to that level, so a teenager or someone else who is under 21 may have higher odds of being arrested in this case.

Either way, if you are facing DUI charges, it’s important to understand all the options that you have and the potential ramifications.