What You Should Know About Date Rape Drugs and DUIs

Posted on: September 21st, 2021 by Dod Law

It has been reported that nearly 11 million women have been the victims of rape after being slipped a date rape drug. After a victim has been slipped a date rape drug if they attempt to operate a motor vehicle, unaware that they have been drugged, what happens if you are pulled over and charged with a DUI?

Dod Law is an award-winning criminal defense law firm helping victims of DUIs involving date rape drugs in California. When a date rape drug is involved in a DUI charge, the lines may blur regarding who was at fault and whether you may even be held liable for your actions. 

How Do Date Rape Drugs Lead to a DUI Charge

The fact that date rape drugs are often used to target women at bars, clubs, or parties is highly upsetting and frightening. Even more upsetting is that these crimes often go unpunished as it is challenging to know who may have slipped the victim the drug. Date rape drugs are dangerous because it may only take a second for someone to slip one into your drink, and these drugs tend to be colorless, with no smell or taste. 

Since victims are often unaware that they have been drugged, the immediate effects that take over their bodies may come as a shock to their system. Depending on the amount consumed or added to their drink, symptoms of date rape drugs may vary but commonly include:

• Difficulty speaking or slurred speech
• Dizziness
• Nausea
• Loss of motor control
• Confusion
• Sleepiness or passing out

After a date rape drug is ingested, a victim may get behind the wheel of their car because they are unaware they have been drugged or may be trying to escape a dangerous situation once they became aware of their attacker’s intentions. Many people will plan only to have one or two drinks if they plan to drive home themselves and should be able to remain below the legal BAC of 0.08%. However, it does not matter if a person has had only a sip of a drink. If they ingested a date rape drug, they may exhibit symptoms of a person under the influence and be pulled over and charged with a DUI. 

Is It Hard to Prove To Police That You Have Been Drugged?

Date rape drugs are difficult to trace, and police may be skeptical because the symptoms are nearly identical to the symptoms of high amounts of alcohol consumption or other drug use. Even though your impairment may not be your fault, to be safe, an officer will likely still arrest you and ask questions later. 

If the officer who arrested you does not believe that you have been drugged, you should still file a separate report of the crime to another officer. If you are charged with a DUI despite telling police of an attempted sexual assault using date rape drugs, filing this separate report may prompt them to investigate your accusations. Additionally, partnering with an experienced criminal defense attorney who may help you present a strong case may help prove you are telling the truth. 

How to Get Evidence That You May Have Been Drugged

It can be challenging to prove that someone drugged you using a date rape drug, but it is not impossible. The following evidence may help prove that you may not have intentionally committed a DUI:

• Video recording or security footage from the bar or club you may have been drugged
• Witness testimony that you only ordered one or two drinks, or non-alcoholic beverages
• Evidence or witness testimony that other people have been drugged at the same location in the same way
• Drug test evidence that showed a date rape drug was present in your system

If you are unsure of how to obtain any of this evidence, a criminal defense attorney may be able to guide you through the process of seeking this evidence and build you a strong case. 

California Date Rape Drug Attorney Is Here to Help You

A drugging using date rape drugs is an unfortunate but common crime that may result in the victim being charged with a DUI if they get behind the wheel of a vehicle. These claims may be very difficult to prove due to the lack of easily attainable evidence that the drugging occurred, but an experienced date rape drug attorney may help you.

Attorney Dod of Dod Law has over 17 years of experience helping victims who have been drugged and accused of committing a DUI. Attorney Dod uses his award-winning legal counsel and representation to help his clients seek justice. For a free consultation, fill out this contact form or call (619) 814-5110.