The Strong Defense You Deserve Against Criminal Charges

Could a spiked drink put you over the legal limit?

On Behalf of | Apr 18, 2022 | DUI

One reason that people sometimes give for driving under the influence is that they didn’t know they were drinking alcohol. They claim that someone must have spiked their drink and they involuntarily became intoxicated. They never meant to break the law.

The common counter to this claim, however, is that it usually takes at least a few drinks for someone to get over a blood alcohol concentration of 0.08%. This doesn’t happen if you just have a sip of an alcoholic drink or even if you consume one entire drink. If someone had spiked it with enough alcohol that a single cup was going to put you over the legal limit, you would certainly taste that alcohol more strongly than anything else in the drink.

But there’s one problem with this theory. The risk is much greater for younger drivers.

A lower limit for young drivers

The problem is that young drivers, meaning those who are under 21 years old, are not supposed to drink alcohol at all. Zero tolerance laws state that they can be given a DUI if they test positive for alcohol at all. This can be given out at virtually any level.

So, while a spiked drink may not get an adult over the 0.08% limit, even a small amount of alcohol – that a young driver may not taste or know that they’re drinking – could be enough to make them test positive, which could then lead to a DUI even though their intoxication was actually involuntary.

A complex situation

If you’ve been given a DUI and you’re facing serious charges, it can be much more complex than people often assume. Make sure you fully understand all of your legal defense options.