One of the most controversial drugs that is taken both recreationally and as prescription medication is GHB, or gamma-Hydroxybutyric acid. This drug has become infamous as the “date rape drug” that is sometimes dropped into a victim’s drink prior to an assault. However, it is much more commonly used as a party drug by people who voluntarily take it. In California, if you are pulled over while driving under the effects of GHB, you can be arrested for DUI and will face a wide range of DUI penalties, including jail time and a suspended driver’s license.
It is possible to fight a DUI charge, and GHB DUI cases have several advantages over other types of DUIs—including the difficulty of proving you were on the substance. A good DUI lawyer may be able to get the charge dropped, negotiate a plea with no jail time, or even win your case altogether.
What is GHB and who uses it?
GHB is a neurotransmitter that causes relaxation, euphoria and lowered inhibitions. There are three main uses for GHB:
- Legal, prescribed use. The FDA has approved a prescription version of GHB, often sold under the brand Xyrem, which is used to treat narcolepsy. The drug helps the narcoleptic fall into a deep, steady sleep and become properly rested, avoiding unwanted bouts of narcolepsy during the day.
- Party use. The most common use of GHB, or “G,” is probably recreational use at parties, raves and clubs. In small doses, G creates a pleasant sensation similar to being on your second or third alcoholic drink, but without the “sloppiness” and with a fast recovery time (no hangover). This use of GHB is not legal, but is increasingly popular with working professionals who party at night or on the weekends.
- A tool for sexual assault. This is GHB’s most infamous use, although emergency room doctors report that it is far less common than party use. In large doses, or when combined with alcohol, GHB can cause lowered sexual inhibitions, blackout unconsciousness, and no memory of what happened. This makes it a dangerous tool used by sexual predators who slip it into the drinks of victims.
Why does driving on GHB count as a DUI?
In California, you face the same DUI penalties for driving under the influence of any substance that affects the muscles, the brain or the nervous system. GHB clearly affects the brain and nervous system, so it is grounds for a DUI.
More importantly, improper use of GHB leads to dangerously impaired driving. While many recreational users find it a pleasant, mild drug, it’s easy to take too much too fast, which can lead to a sudden drop in alertness and focus, or even passing out. Likewise, women (or men) who were given the drug unknowingly might not realize that they are under the influence of something before getting into their vehicle, and suddenly feel the effects while driving. And when GHB is combined with alcohol or other drugs, the effects become dramatic and deadly. An individual can have just one drink, think they are fine, and be as impaired as someone who is nearly blackout drunk. In some cases, they will end up in the ER and potentially die of overdose.
What if I get a DUI and I didn’t even know I was given GHB?
Being targeted by a predator is a traumatic experience, whether you were assaulted or not. Police may not take it seriously if their first interaction with you is pulling you over—but you are the victim in this situation, not the criminal. You need to fight your DUI charge and you need an experienced lawyer to help you. You should not have to serve a criminal sentence because you were targeted or assaulted.
Under the law, a person is technically guilty of DUI any time they are driving under the influence of a substance that impairs them. In practice, however, both prosecutors and judges can be sympathetic if you did not voluntarily take the substance in question. Your lawyer will work with you to determine:
- Whether you were on anything else besides the GHB (such as drinking at a party before driving)
- Whether you knew you were feeling the effects of a drug before you got in the car
- Whether there is any evidence that you were slipped a drug, including the reports of friends at the party
The key to this kind of case is making a strong case. You cannot simply claim that you were given a date rape drug, even if it’s the truth; the prosecutor needs to see hard evidence and a convincing case. A good lawyer may be able to get the charges dropped.
How do I defend against a GHB DUI?
GHB cases have some advantages that other types of drug DUIs do not. In most drug DUIs, there is either a blood test or urine test that proves you had the substance in your system. But GHB gets metabolized and eliminated from the body very quickly. If you took GHB from 10 p.m. to midnight, were pulled over at 3 a.m., and no blood sample was drawn till after 4 a.m., it’s possible that the test will show little or no GHB at all. This helps you build a case that you were not actually impaired while driving.
All GHB DUI cases can also use the same tactics used in general DUI defense: attacking the validity of the blood test results, showing that police violated procedures or your rights, and moving to suppress key evidence used by the prosecution. It is not uncommon to get a drug DUI reduced to a lesser charge or to even get the entire case dropped.
You Can Win Your GHB DUI Case
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