In Texas, as with many other states, zero-tolerance laws are used for drivers who are under 21 years of age. We have previously discussed what the potential ramifications are. They are quite serious and should never be taken lightly.
In short, the zero-tolerance laws mean that any detectable alcohol can be the basis for an impaired driving arrest if the person is under 21 years of age. These individuals are not supposed to possess or consume alcohol at all, so they do not have the same BAC limit — 0.08% — that is used for drivers who are 21 years of age and older.
How does this apply to spiked drinks?
The problem here is that someone who doesn’t know they were drinking could end up being arrested.
For instance, say a teen has a cup of punch at a school dance. The punch has been spiked, but there’s so little alcohol in it that the teen does not taste it or feel drunk. Then, on the way home, they get pulled over for rolling through a stop sign. The officer gives them a breath test, which the teen is fine with since they believe they’re sober. They certainly feel sober. However, that spiked punch means that they register the smallest amount of alcohol on the test.
They never meant to drink, and it did not affect their driving at all, but that teen could still be facing charges for impaired driving. That’s when it’s so important for the teen and their parents to carefully consider all of the defense options at their disposal.