Ohio DUI Defense Lawyers
What is a DUI on the Date Rape Drug?
Being charged with a DUI can be life altering and embarrassing. This is true especially when you took a substance against your will or unknowingly. Gamma-Hydroxybutyric acid (GHB), popularly known as the “date rape drug,” is actually a prescriptive drug that is used to help the narcoleptic with assisted sleep. Unfortunately, it’s also used illegally as a party drug or to drug others for the acts of rape and sexual assault. The effects of the drug make a person tired, which eventually can cause unconsciousness. A rapist will input the liquid drug into a person’s drink and once the effects are felt, they are able to take advantage of the victim.
This is very predatorial and 100 percent against the law. But what happens when a drugged victim can retain consciousness long enough to get away from the suspect and drive off? The effects of the date rape drug eventually manifest and driving become impaired. This courageous escape can quickly turn into a nightmare.
Imagine you are in the middle of a conversation turned awkward. You aren’t really interested in what the other person is saying because it makes you feel uncomfortable. This person decides to get closer and possibly invades your space. To retreat you dismiss yourself to the restroom to think it out. You may know this person from school or maybe you just met. You start to possibly think you’re just making it up, breath, and then return to the bar. There are two drinks waiting and you become very suspicious. You don’t think anything of it and take that drink because all you want to do is leave. You lie and say that you need to leave due to an emergency. You’re relieved that you got out, but then find yourself a little sleepy once you start driving. You start to serve and almost immediately you hear sirens and see flashing lights in your rearview mirror. What do you do at this point? You are clearly under the influence of something, but you don’t know what. The officer asks you to step out the vehicle to perform some tests, you fail to do them correctly, and within a blink of an eye, you’re in the back of a police car for driving while under the influence. You then blackout and next thing you know you are behind bars.
This is not a unique scenario. Unfortunately, it does happen and it’s the victim that pays for it. Here’s what you should do when faced with this situation. First, don’t drink something if you are suspicious of the person you are with; second, if you do leave, call an taxi or ride share vehicle; third, if you decide to drive, pull over as soon as you begin to feel tired; fourth, if you are stopped by a cop, immediately tell him or her what just happened; last, if the cop doesn’t believe you, ask for a lawyer.
How Can The Date Rape Drug Be Detected in Your System After a DUI?
If you are sure that you do not have the amount of alcohol over the legal driving limit, then you can request a drug test. GHB and other drugs such as Rohypnol and Ketamine wear off much faster than other drugs and alcohol. This means that in order to detect it in your system, a blood or urine test should be administered as soon as possible.
Many times, a person doesn’t even know they were given the drug and may find themselves in similar situations but can’t even explain why.
What is the Defense for a DUI On The Date Rape Drug?
In order to beat a DUI, you will need evidence to prove that you were under the influence of the date rape drug against your will or without knowledge. Evidence can include testimonies of friends or others that were in attendance of where the drugging happened. Other evidence can be the blood or urine tests to show that the drug was in your system. If a blood test was taken and there were no traces of the drug, then it can be possible to suppress the evidence by proving a violation of procedures. This all will require an experienced lawyer.
