When you get pulled over on the way home from a night out with friends, you think that it’s just because you were going slightly over the speed limit. You expect to get a small traffic ticket and continue on your way, and you hope that it’s no more than a warning.
Then, the officer says he thinks you are under the influence. You take a breath test and, sure enough, it says you have been drinking.
This is a shock to you, as you had no idea you consumed alcohol. You wouldn’t have driven if you knew. You conclude that someone must have spiked your drink. Can that get you out of the driving while intoxicated (DWI) charges?
This does happen and could be a valid defense
As far as DWI defenses go, this is one that people use, as there are legitimate cases where spiked drinks are unrecognizable from normal drinks. This is known as involuntary intoxication.
Now, someone may argue that there is no way you’d get to a blood alcohol concentration of 0.08% without knowing it. But remember that New Jersey uses no tolerance laws. This means that someone who is under 21 years of age can get arrested for blowing anything over 0.01%. You could absolutely get to this low of a BAC from just one spiked drink, and you likely wouldn’t feel the intoxication at all, so you would not know that you were under the influence until you saw the test.
Moving forward with your defense
Facing unexpected charges like this is challenging and frustrating, and you must know about all of the legal defense options you have to protect your future. You shouldn’t have a criminal record just because you were the victim of a spiked drink.