Legal Question in Civil Rights Law in Illinois
Debbie drives to a friend's party. Debbie has never consumed an alcoholic drink in her life and considers alcohol "the devil's playground." At the party, there are two bowls of punch, one is marked "spiked" and one is marked "unspiked." The secret (which nobody told Debbie of) is that the "unspiked" punch was actually triple spiked with alcohol. After three glasses from the "unspiked" punch Debbie tells several guests "she feels tired, and thinks she might be coming down with a cold." She gets in her car, and on her way home collides into a tree, injuring herself. Also, a policeman at the scene of the accident determines that Debbie's blood alcohol level is well above the legal limit. Debbie is criminally charged with driving under the influence. Are there any defenses for Debbie? Does she have any civil causes of action she might pursue? Against whom?
1 Answer from Attorneys
Debbie may certainly have a cause of action against the host of the party.
Using her "ignorance" of her drunkenness is a bit more complicated as a defense to the DUI.
Contact me and we can discuss.
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