DUI: I got drunk eating alcohol-infused Halloween candy

Question: I went to a Halloween party and ate hard alcohol-infused candies and I drove home and I got stopped for a DUI. I was pulled over by an Alpharetta cop and he charged me with drunk driving. Now I need a Georgia DUI lawyer.

At the party my friend from work made a lot of candies, and I think all of them had alcohol in them. Most of them tasted pretty nasty but a few were actually really good and everyone liked eating them.

She made candy using alcohol and gummy bears and chocolate. She said she used different types of liquor, like whiskey and vodka, to make the candies. She told everyone she used her grandmother’s recipes for them. She said her grandmother always made her alcohol candy when she was a little girl and it tasted great. She said her grandmother was an alcoholic but she could eat all the cake she wanted and she wouldn’t get drunk.

I didn’t think I’d get a buzz from eating them so I tried them all and I had a bunch of the ones I liked the most. I felt a little buzz but nothing major and I certainly felt fine to drive my car or else I wouldn’t have driven home, I would have made my boyfriend drive. And at the party I only drank a couple of light beers. So I can’t believe that the candy got me drunk, I mean it’s just candy.

My breath test that I took at the jail said I was .128, which is pretty well over the limit. I wasn’t trying to get drunk and I didn’t know candy could get you drunk so I need to know what to do about this DUI charge. Have you heard of someone getting a DUI from eating too much candy?

D.E. in Alpharetta, GA

Answer: Making and eating candies with various liquors is becoming very popular, particularly around the holidays. It seems that almost any type of alcohol is being used to make candy. From bourbon, Remy Martin and Grand Marnier to Kahlua to a wide assortment of liqueurs, mixing chocolate and booze is very popular with some people.

And it will, if you consume enough candies, get you drunk. An internet search reveals myriad products that combine peoples’ love of chocolate with their love of drinking. It is certainly possible that having many candies, plus the two beers you had, could lead to a breathalyzer test of .128, although that does sound rather high for two light beers and even a lot of candy.

We have had other clients who have said they think they got intoxicated from eating too much alcohol-infused candy, but it is an uncommon case.

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