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Can You Get a DUI After Someone Spiked Your Drink?

Posted by Lynn Gorelick | Mar 26, 2020 | 0 Comments

It may seem unbelievable that you could end up under arrest for a DUI after having your drink spiked and attempted sexual assault. If a driver drinks a spiked cocktail, they may find themselves driving and feeling much more impaired than expected. After a DUI traffic stop and arrest, the driver may show drugs in their system, giving the prosecutor enough evidence to go forward with a drugged driving charge. How is someone supposed to prove they had their drink spiked and should not be charged with a DUI?

There are defenses available in every DUI case in California. Talk to your East Bay DUI defense lawyer about your case and how to fight the charges if you were unfairly arrested on drunk driving charges. Contact Lynn Gorelick to find out how to avoid a DUI on your criminal record. 

Date Rape Drugs and Driving 

It is a terrible state of the world that people, most commonly women, have to be worried about people drugging them to commit sexual assault or other crimes. These crimes often go unpunished because there may be no evidence of who spiked the drink. It may only take a second of looking away before a date rape drug like GHB or Rohypnol is slipped into a drink and dissolves. 

These drugs can affect the body very quickly and the individual may not even know that they have been drugged. The effects of these drugs can also vary based on the amount of alcohol someone consumed. Effects on the body can include: 

  • Dizziness,
  • Difficulty speaking or slurred speech,
  • Loss of motor control, 
  • Nausea,
  • Confusion, 
  • Sleepiness or passing out. 

Many drivers plan ahead of time to limit their alcohol intake so they can safely drive home. Depending on other factors like time and weight, many drivers should be able to go out and have a drink or two and stay below the per se DUI limit of 0.08% BAC. However, criminals who may be looking to take advantage of someone may try and slip something into the driver's drink, without them knowing. 

Driving under the effects of a date rape drug and/or alcohol can impair a driver's ability to safely operate a vehicle. It may also result in getting pulled over and arrested for a DUI. Unfortunately, at the time of the traffic stop, the driver may not be able to communicate that they may have been drugged or the police will not believe the driver.

Will the Police Believe You?

Police tend to be skeptical, even if you are telling the truth. If you are arrested on suspicion of driving while impaired by drugs or alcohol and you say you were drugged, the police will likely arrest you first and ask questions later. 

Even if the arresting officer does not believe you may have drugged, you should report the crime to another officer who may be able to begin an investigation. The results of a possible drugging and attempted sexual assault can be used in a DUI charge if the prosecutor does not drop the charges. 

If the police do not do an investigation or do not uncover any evidence that your drink was drugged, then it may be up to you to present a strong case to show that you were the victim of a crime and not driving while impaired.  

Evidence of a Drugging

If the prosecutor goes through with the DUI charges, any evidence that supports your case can be used to show the jury that there is reasonable doubt that you committed a DUI. Evidence in support of your case may include: 

  • Video recordings from a bar or club where the drugging took place, 
  • Witness testimony that the driver ordered non-alcoholic drinks or only consumed one or two drinks, 
  • Witness testimony or evidence that other people were drugged in a similar way at the same place, or
  • Drug test evidence that showed a date rape drug in the blood or urine. 

Get Help Fast After a DUI Arrest  

Drug test evidence can be tricky with certain drugs, including date rape drugs like GHB. The body can break down and metabolize these drugs very quickly. If you wait a couple of days after a DUI arrest to talk to your lawyer, any blood evidence of date rape drugs in your system may be gone. Contact your DUI defense lawyer as soon as possible after an arrest to investigate your case and preserve as much evidence as possible to support your defense.

With over 35 years of experience, Lynn Gorelick understands how the police and prosecutors can treat a crime victim as a criminal. A DUI conviction can affect your future, your ability to drive, and your job. If you are facing a DUI, contact the local DUI lawyer who understands that you do not have to plead guilty just because you were arrested.

About the Author

Lynn Gorelick

Lynn Gorelick has been an attorney for over 36 years. She is the Attorney Lynn Gorelick is the Immediate Past President of the California DUI Lawyers Association and a Faculty and Sustaining member of the National College of DUI Defense. Lynn is a Specialist Member of the California DUI Lawyers Association and lectures frequently to other attorneys regarding DUI and DMV issues.


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