DUI and Accidental Consumption

 Posted on April 22, 2024 in DUI

You are at a social gathering at a friend’s home when you start feeling unwell. You feel a little tired, a little dizzy, and “off” in a way you cannot quite describe. Wanting the comfort of your own bed, you decide to leave the party early and go home. On your way back, you are pulled over. You are shocked when the officer arrests you for driving under the influence when all you had was one glass of wine. Hoping to clear your name, you submit to a drug test, believing it will be clean. To your shock, you find out that you have tested positive for THC. After speaking to your friends, you are horrified to learn that the food served at the house party contained a cannabis extract, and that strange feeling you had was THC intoxication. You were driving while intoxicated, unbeknownst to you. You need an Arlington Heights DWI defense attorney immediately.

The Involuntary Intoxication Defense in Illinois 

You may have a complete affirmative defense to your DUI charge if your lawyer can prove that your intoxication was involuntary. This would mean that you did not willfully ingest the substance that caused your intoxication. Accidentally eating food that was laced with THC is a frequent example of accidental intoxication.

Now that recreational cannabis use is legal in Illinois, many people do not see the harm in baking brownies containing cannabis-derived oils and bringing them to a party. If the tray of laced food you ate from was not clearly labeled and you were not informed that the food contained THC, you may not be accountable for driving under the influence.

Proving your lack of knowledge could be difficult. Part of the problem is that the person who prepared the THC-laced food may be criminally liable for administering the substance to others without their knowledge or consent. This individual will probably not be willing to testify that he or she served everyone drugged food without telling them.

Date Rape Drugs and DUIs

Recreational use of GHB and other “date rape drugs” is incredibly uncommon. If the only substance you tested positive for was a date rape drug, you may have an easier time convincing the court that you were drugged and are not liable for driving under the influence.

Contact an Arlington Heights, IL DUI Lawyer 

Scott F. Anderson, Attorney at Law is dedicated to protecting those who were accused of a DUI after being drugged. Cook County, IL DUI attorney Scott Anderson has dealt with many involuntary intoxication cases in his more than 25 years of experience with drunk driving cases. Contact us at 847-253-3400 for a complimentary consultation.