Can I Get a DUI in North Dakota if My Drink Was Spiked?

7th January 2023

Getting a DUI is scary, no matter what the circumstances. But if your drink was spiked and an officer arrested you, you have every right to be angry and frustrated. You may have no idea what will happen if you’ve never been arrested before.

A DUI attorney with Sand Law is ready to fight for your rights and to work to help you avoid punishment. You don’t deserve to be in this situation, and we’ll do everything we can to get you out of it. Always remember that just because you were arrested doesn’t mean you’ll be found guilty. Our firm is standing by to help ensure that justice prevails.

Please contact us as soon as possible for a free consultation. You can call 701-609-1510, or you can use our online contact form.

Drink Spiking Statistics

You may have planned to go out for a couple of drinks with some friends and go back home, and little did you realize that someone had different plans for you. You’re pulled over for erratic driving because your drink was spiked the next thing you know.

This kind of situation happens much more often than you realize. Of the more than 900 people who responded to a survey, 56% of the women who participated said they had consumed drinks or food that were spiked. Somewhat surprisingly, 44% of the men surveyed said the same thing. More than half of the spiking incidents occurred in college, while 19% happened in high school.

Can Date Rape Drugs Cause a Positive Breathalyzer?

While there are a lot of products other than alcohol that can trigger a positive breathalyzer result (including cough syrup, mouthwash, and even breath mints), so-called “date rape drugs” typically do not.

The problem with these drugs is that they typically act very fast. The effect of having just one spiked drink is similar to binge drinking to the point of a blackout.

How Do Roofies Affect Your Ability to Drive?

Two of the most common date rape drugs are Flunitrazepam (distributed under the brand name Rohypnol) and Gamma-hydroxybutyrate (GHB). Both of them can make it impossible to drive safely.

Rohypnol pills, also known as “roofies,” are ten times more potent than Valium, a commonly prescribed nervous system depressant. You can’t taste or smell them, and they dissolve in a drink almost instantly. The effects of just one pill can last for as long as 12 hours. Not only can roofies lead to unconsciousness, but they can also lead to amnesia. The person taking it may have no idea their drink was spiked.

GHB, much like Rohypnol, is tasteless and odorless. But unlike roofies, GHB is a liquid that a criminal can quickly pour into an alcoholic beverage without the victim knowing it. It also comes in powder form. Other names for GHB include “soap,” “G,” and “liquid ecstasy.”

In smaller doses, GHB can be very relaxing, with effects similar to mild intoxication. Someone taking it may be more talkative than normal and have more energy. At higher doses, however, the side effects include trouble breathing, amnesia, and loss of consciousness. Sometimes, people who take GHB remain conscious but can’t move.

Another drug sometimes used to spike drinks is ketamine, which was originally designed as an anesthetic for people undergoing surgical procedures. Ketamine can cause not only a loss of consciousness but also hallucinations. Unlike Rohypnol and GHB, ketamine has a very bitter taste. But it works so quickly that a victim usually loses consciousness within seconds.

Will the Police Believe Your Drink Was Spiked?

It would be nice if the officer who pulled you over believed it when you said your drink was spiked, but that’s not reality. Officers will usually make the arrest and then ask questions afterward.

Police officers have heard about every story, so you can expect them to be skeptical. Even though you told the truth, the officer is going by what they saw – erratic driving. As a result, they may not bother investigating to determine the legitimacy of what you said.

That’s why you need to hire an attorney as fast as possible. Your lawyer will investigate to find out exactly what happened. Time will be critical for a lot of reasons. For example, the earlier that investigation starts, the better the chances your attorney will uncover critical evidence. That evidence could make the difference between facing stiff penalties and dropping the case altogether.

Evidence of a Spiked Drink

Again, it’s important to remember that just because you’ve been charged with a DUI doesn’t automatically mean you’ll have to face severe penalties. Your attorney will work feverishly to see that your charges are dropped.

To do this, you’ll need solid proof to convince the prosecutor to drop the case or create reasonable doubt in a jury. Examples of this proof could include the following:

• Witnesses testify that you only had a drink or two or didn’t drink alcohol.
• A video that shows your drink being spiked.
• Evidence shows others in the bar had their drinks spiked on the same night.
• Blood or urine tests show the drug’s presence in your system.

Again, time will be of the essence so your attorney can gather as much evidence as possible before it disappears for good.

Speak with a DUI Defense Attorney Immediately if You’re Arrested for Driving After Your Drink Was Spiked

At Sand Law, our attorneys are standing by. We have a lot of experience in this area of the law, and we’ve helped many clients in situations similar to yours. If you would like a free review of your case, please contact us online or call us at 701-609-1510.