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Got a DUI and believe a drug was slipped in my drink. Could that be my defense? How do I prove?
Anonymous5 views4 answers
I got a DUI, but I can not remember anything after my first beer, for about 3 hours at the bar, until I snapped out of it and drove home. I told the cops that I believe I was drugged, and I did a urine and blood test. If a date-rape drug shows up in my system, could that be my defense? I have an idea, but can not prove, who would have done this. How will this impact my DUI case? This is my first offense of any kind.
Interesting. The fact that you had ingested alcohol at all could be used against you for a general intoxication case. The fact that you had been drugged would definitely be a really mitigating factor at the very least. Whether or not it is a defense it is going to come down to whether or not you have to knowingly ingest the drug. In accord. W TX law. Keep me posted. Make sure you have a lawyer to help you.
Frank Mascagni IIICriminal Defense AttorneyLouisville, KYKY licensed ·
You need to hire a competent experienced criminal defense attorney who has experience in handling DUI cases in your jurisdiction. I assume the tests of the urine and blood toxicology are preserved and available to your attorney. I don't know if it's a DEFENSE, per se, but it certainly is a MITIGATOR. I don't practice in TX, but were have several avvo criminal defense attorneys that do, that will respond. I will defer to them.
If a date rape drug shows up in your blood it would be very compelling that you were drugged. More importantly, the level of alcohol in your system will make a big difference. You mentioned that you didn't remember anything after your first beer - do you think you had more? Who was with you? Can any of them be a witness to you only having one beer?
Blood tests are generally taking about 6 months to turn around in Montgomery County. But as one attorney mentioned, you need to hire an attorney as soon as possible to deal with the possible suspension on your driver's license.
