If you have been convicted of a DUI in New York, but you had a good reason to believe that you were not, in fact, over the limit, you will probably be confused as to why the Breathalyzer test showed that you were over the legal limit.
There can be many reasons why you were shown to be over the limit even though you did not believe that you were intoxicated. First, you may have drunk alcohol that was a higher strength than you realized, or you may have drunk a beverage that you believed to be nonalcoholic when it did, in fact, have alcohol content. If this was the case, and you were incorrectly served at a bar, you may be able to make a case for involuntary intoxication.
What is involuntary intoxication?
Involuntary intoxication is a situation when a person intakes alcohol without knowing or intending to do so. This could be a situation where a person in a bar orders a coke, and they are served a rum and coke due to miscommunication, for example. This could mean that the customer at the bar is unknowingly and unintentionally over the legal driving limit, and as a result, they could be charged with a DUI through no fault of their own.
If you believe that a bar served you alcohol without your knowledge, you may be able to use this in your DUI defense. You may also be able to take legal action against the bar in question. If you have been convicted of a DUI in New York, it is important that you do not delay taking action.