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.