For most drivers, even if they consumed a spike to drink without knowing, they wouldn’t be over the legal limit. This is because drivers are bound by a legal limit of 0.08%, in terms of blood alcohol concentration (BAC). For most adults, it will take more than one drink to get them over that limit.
However, younger drivers may be more susceptible to DUI charges after a spiked drink. Here are two reasons why.
A lower legal limit
The main reason is that underage drivers in Georgia have a legal limit of 0.02%. It does not take an entire drink for a driver to get to this level.
The limit is lower because these drivers are not supposed to be buying or drinking alcohol at all, as they are under 21 years old. But the downside is that a teen driver may not feel impaired and may not even realize they’ve consumed alcohol, even though they have a BAC of 0.02%. If someone spikes their drink without their knowledge, they could face DUI charges.
The second reason is that underage drivers tend to have less experience with alcohol. They may not realize that the drink has been spiked when they are at a party or social gathering with friends. An older driver, who already has a higher legal limit, would also be much more likely to realize that alcohol had been added to their drink because it wouldn’t taste the way that they expected. But a teenager could honestly consume the whole drink without realizing that they were breaking the law.
This sometimes leads to complicated drunk driving allegations. Those involved need to be well aware of their criminal defense options.