Most of you will be aware of the act of drink spiking, and we hope none of you have ever been victims to it – however, for those who may not be familiar, drink spiking is when somebody puts alcohol or drugs into someone else’s drink without their consent, usually with the intention of altering the victim’s mindset. Different substances have different effects on people bodies, and not everyone will react the same.
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Currently, spiking can only be prosecuted as an assault under the ‘Offences Against the Person Act’. However, the new law will see spiking recognised as an offence on its own, punishable by 10 years in prison. Today, the UK Prime Minister will meet with police chiefs, industry executives and transport bosses to discuss the issue of drink spiking and will announce that 10,000 workers in the hospitality industry are to be trained to deal with spiking incidents by next spring, as part of an expansion of a scheme piloted from December.
Why do people spike drinks?
The motive for drink spiking can vary, but the most common reasons are:
- Theft
- Sexual Intentions
- Rape
- Parties
- Revenge
Depending on what a person’s drink is spiked with will depend on the effect it has on their body; though as stated previously, not all effects will be the same. For example, if your drink is spiked with alcohol, one person may become happy and energetic, whereas another may become violent or upset. The same goes for other recreational drugs such as MDMA, Ketamine etc. It is for this reason that adding more alcohol/party drugs to someone’s drink is not as commonly reported as the likes of date rape drugs such as Rohypnol and Gamma Hydroxybutyrate. With no official statistics of drink spiking, it is difficult to know the true extent of the crime and often people won’t report drink spiking because they don’t remember the details of the night, or they can’t be sure who did it.
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At MAJ, our primary focus is motoring offences, and every day we receive distressing calls from people who are facing charges based on a high breath/blood reading from alcohol or drugs. If you believe your high reading could have been a result of drink spiking, and you can get confirmation or a witness to show this as evidence in court, then you could have a full defence….
Using ‘spiked drinks’ as a defence for drink driving.
Drink driving carries a mandatory driving disqualification unless the court finds special reasons. However, finding special reasons for spiked drinks can be complicated, and with the new law being introduced, it could become that little bit harder.
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To find special reasons for a spiked drinks argument, usually the defendant would have to have some solid evidence, or bring a witness to court to prove this was the case. This could be CCTV footage, or a staff member from the bar who saw the offence taking place, or even bringing the ‘spiker’ to court. As special reasons are not a defence; in order to successfully win the argument a person has to plead guilty to the offence. In drink/drug driving cases, they will have to admit to driving whilst under the influence, even if they may not have been aware of it at the time. As you may know by now, the court is not the most forgiving place. If you say “you felt tired” or “you didn’t feel right” they will probably question why you were behind the wheel. – tricky!
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Case Study - Freedom Of Information
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In a recent case we dealt with, our client had claimed his drink had been spiked. His friends denied buying him drinks containing additional alcohol, and he could not identify which drink contained the excess. This was, of course, a difficult argument to win. As part of our investigation we carried out a Freedom of Information Request with the local police force. We asked them to confirm how many reports of spiked drinks they had received at this particular establishment. We were shocked at what we had found. Over the last 6 months the police had received over 20 reports of spiked drinks at one pub! The same pub our client had been drinking at. We presented this evidence to the Magistrates' and they agreed with us. Special reasons was found and the disqualification was removed.
What if i know the spiker?
As stated above, successfully defending a spikes drink argument will usually require solid evidence and witnesses to attend court. So, what happens in a situation where you are facing a driving ban because you were spiked - but you also know who spiked your drink ( or you have a vague idea).
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The new law will see spiking as a standalone offence, meaning anyone who is found guilty could face up to10 years in prison. Sentencing guidelines will reflect the severity of the offence, so someone who is found to have spiked someone's drink with a few shots of alcohol will be less severely punished than someone who has spiked someone with a date rape drug.
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Problems which could arise as a result of the new law are people being too afraid to come forward in case the spiker gets severely punished. Perhaps you know them well, or they may even be a friend, but they are remorseful and understand that they shouldn't have done it. Should they still be punished as severely? Ultimately, there would still have to be some punishment, but aggravating and mitigating factors would increase or decrease the sentence based on their history of offending.
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With that being said, we'd like to think that the above situations are rare, and it is unlikely that good friends are going to be going round spiking each other’s drinks for fun on a regular basis. We completely agree that justice needs to be done for those who are maliciously spiking drinks with the intent to cause harm or abuse to another person.
What are the most common drugs used in drink spiking?
Rohypnol and Gamma Hydroxybutyrate (GHB) are the most common ‘date-rape’ drugs. They can sedate or incapacitate a victim, making them more vulnerable to a sexual assault or being physically attacked. The scary thing about these drugs, is that it is unlikely that you will notice any difference in your drink as they are odourless, colourless and tasteless, but the effects can take hold in as little as 15 minutes and last for several hours. A person will also experience ‘partial amnesia’ when under the influence of the drug, meaning they will likely have no recollection of the assault.
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Recreational drugs like Ecstasy, LSD, Ketamine and other ‘party-drugs’ are sometimes used to spike alcoholic drinks with the intention of having a ‘good time’. Likely a person will experience a ‘high’ whilst under the influence, and will generally feel more relaxed and confident. Memory loss with these drugs is not as severe, however, mixing alcohol with stimulants can be extremely dangerous and have serious medical consequences from nausea, to coma and even death in extreme circumstances.
How would I know if I was spiked?
The effects of drink spiking will vary depending on what you have been spiked with. Your height, weight, whether you are taking medications and whether you have already consumed alcohol will also have some impact. But in general, your symptoms could include:
- Vomiting
- Loss of balance
- Dizziness
- Feeling overly confident
- Not feeling like yourself
- Lowered inhibitions
- Feeling sleepy
- Confusion
- Unconsciousness
- Enlarged pupils
- Numbness
Most people who are spiked and are found to have drugs in their system report feeling “considerably more drunk” than they should be, feeling very drunk very quickly, or “just not feeling right”. If you, or any of your friends start to feel strange whilst you are out, or the way you are feeing does not correspond with the amount of drinks you have consumed, then seek help straight away. Do NOT DRIVE HOME!
Preventing drink spiking and staying safe:
If you have been out at a venue and you get confirmation that you have been spiked, ensure that it is reported to the police so they can take the correct steps to ensure people are safe. Also, from a driving point of view - if the police are aware that a certain establishment has had reports of spiked drinks, this could be a defence in court.
To prevent drink spiking from happening to you and to protect yourself:
- Never accept a drink from someone you don’t know
- Don’t leave your drink unattended
- If you are dancing, take your drink with you and cover bottles with your thumb and glasses with your hand .
- Stick together in a group and don’t allow your friends to go off with strangers
- Don’t get so drunk that you are not in control of yourself
Next Steps:
If you believe you have been a victim of drinks spiking and you are currently facing prosecution for a driving offence, please don’t hesitate to call us on 0151 422 8020.
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Any other incidents involving drinks spiking must be reported to the police as soon as possible. Remember to keep yourselves, and others safe.
