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HOW NO TOLERANCE LAWS CHANGE A SPIKED DRINK

On Behalf of The Foley Law Firm | August 5, 2021

For some young people, spiking a drink is seen as a game. Say a group of high school seniors is having a social gathering, and one of them decides it would be funny to spike the punch. They steal a fifth from their parents and pour it in while no one is looking.

Now, if a person at that party has just a single diluted drink, odds are they’re not going to be intoxicated. They may not even realize that the drink tastes like alcohol. But, if they then get in the car and head home, they may wind up facing some serious charge.

The reason for no tolerance laws

No tolerance laws were created to make it so that young people would never drink and drive. They are legally barred from buying and consuming alcohol to begin with, so the standard BAC limits no longer apply. The idea is that having even a small amount of alcohol in your system -- such as 0.02%, which many people can reach with just half a drink -- is already illegal. Driving, then, is also illegal, so a DUI can be handed out even to someone who doesn’t seem impaired.

If your drink is spiked, though, you’re going to have a positive breath test. You may still have such a low BAC that you can’t tell you consumed any alcohol. You never intended to. But the officer who gives out the breath test can still just follow the zero-tolerance laws and make an arrest.

What happens now?

If this happens to you, the ramifications can change your life. Make sure you know exactly what legal options you have to build a defense and protect your future.

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