A Unique Question To Ponder... *Hehe*

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Okay, No I Haven't Done This, No, I Will Never Try This, BUT It's Just A Really Interesting Thought!!! What if someone were to say - go to a party, or a friends house, all the while thinking it was a 'dry' party, meaning NO BOOZE! (alcoholic beverages) They started to feel funny but just chalked it up to being tired or something, so it was time to drive home. Upon driving home, this person is stopped by the police, forced to take a brethalizer test, their blood alcohol level comes up pretty high and they insist that they were at a dry party drinking punch, not alcohol, and they don't understand how on earth they could be drunk... Do you think the cop would let the person off easy? understanding that the person was drinking what they thought was punch but obviously wasn't, and just have them call someone to drive them the rest of the way home? Or do you think that the cop would take it as just some evasion of the law and incarcerate them for a DUI, as well as other charges? Please let me know your version of thinking and why. I came up with this idea while i was trying out my first kahlua filled chocolate, and started thinking about all the times people have told me stories about 'dry' parties, that turned out to be nothing close to 'dry'.