Can you get a DUI from the recalled drinks filled with vodka? Fresno County officials weigh in

FRESNO, Calif. (KSEE/KGPE) – Thousands of cases of energy drinks were recently recalled after they were mistakenly filled with vodka seltzer; so, what would happen if someone were caught driving while drinking one of these recalled drinks?

In a Tuesday press release, Celsius announced that its Astro Vibe energy drinks were recalled after they were mistakenly filled with High Noon vodka seltzer. The error was made after a packaging supplier mistakenly shipped empty Celsius cans to High Noon.

So would it be considered DUI if the driver were unintentionally caught drinking one?

YourCentralValley.com reached out to multiple agencies to see what the likely outcome would be. Tony Botti with the Fresno County Sheriff’s Office responded.

“If someone drank this mislabeled Celsius and it impaired their driving, causing them to get stopped and they failed a sobriety test, then yes they would be arrested,” Botti wrote in an email to YourCentralValley.com. “However, the interesting part would be contesting it in court. That person’s attorney would likely get the DUI dismissed based on this being a packaging error and the fact that the producer has acknowledged it publicly.”

Despite possible case dismissal, the Fresno County District Attorney’s Office says it is important for drivers not to abuse the mix-up.

“California law is clear: drivers are responsible for ensuring they are not impaired behind the wheel. While legal outcomes can depend on the specific facts of a case, we want to be mindful not to contribute to any public misunderstanding or suggest that impairment could ever be excused or justified,” Taylor P. Long with the county’s DA’s Office wrote in an email to YourCentralValley.com.