Vodka in Celsius Cans? New Report Raises Major DUI Concerns in Florida

August 1, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI, News & Announcements Social Share

In Florida, DUI (driving under the influence) occurs when someone operates or is in actual physical control of a motor vehicle with a BAC of 0.08 or above, or when their normal faculties have been impaired by alcohol or any other substance. 

But what happens when the impairment is caused by a drink that someone believed had no alcohol on it?

This is not just a hypothetical question – it may be playing out on Florida’s roads right now. A new report from the Food and Drug Administration (FDA) has announced that High Noon is recalling select packs of Celsius energy drinks that were mistakenly filled with vodka seltzer.

Consuming the affected products “will result in unintentional alcohol ingestion,” the company said in a statement. The Celsius cans containing the vodka seltzer were shipped between July 21 and 23, and are branded as Celsius’ “ASTRO VIBE” energy drink, Sparkling Blue Razz Edition. 

The Celsius drinks containing vodka seltzer were shipped to distributors in all of the following states: Florida, New York, Michigan, Ohio, Oklahoma, South Carolina, Virginia and Wisconsin. However, distributors shipped the mislabeled Celsius cans to retailers (stores) in 6 of those 8 states: Florida, New York, Ohio, South Carolina, Virginia and Wisconsin.

Given that Celsius “Blue Razz” cans are being purchased and consumed right now that actually contain vodka seltzer, this raises serious concerns for a potential DUI arrest. If someone is pulled over and DUI tested after drinking what they believed to be a non-alcoholic Celsius, could they potentially be arrested for DUI for blowing above the legal limit?

The answer is absolutely, yes. Someone can be arrested and charged with DUI even if they did not know they were consuming alcohol. But this does not guarantee they will be found guilty. 

DUI (Fla. Stat. 316.193), occurs in Florida when the following is true:

• A person drives or is in actual physical control of a vehicle (car, truck, SUV, etc.)
• That person’s BAC (blood or breath alcohol content) is above 0.08 (grams per 100 mL of blood, 0.08 grams per 210 liters of breath, or 0.08 per 67 mL of urine), or 
• That person’s normal faculties were impaired (such as impaired sight, hearing, etc.) by alcohol/another substance regardless of if they blow below a 0.08 (Tyner v. State, 805 So.2d 862 (Fla. 2d. DCA 2001))

Penalties for DUI can be very serious in Florida. Even for a first offense, someone convicted may face one or more of the following:

• Up to 6 months in jail (and up to 9 months if BAC was 0.15 or above)
• License suspension of at least 180 days and up to 1 year
• 1 year probation
• 12-hour DUI school
• 50 hours of community service
• Vehicle impoundment for 10 days

Penalties for DUI become even more serious for repeat offenses – if someone is charged with a third DUI within 10 years, or fourth or subsequent DUI, this is considered a felony.

Involuntary Intoxication Defense

If someone is charged with DUI as a result of consuming a substance that they did not believe to be alcohol, there are defenses available. One of these is involuntary intoxication. 

Florida law generally recognizes this defense if the intoxication (ingestion of alcohol, drugs, etc.) was caused by force, fraud or medical necessity – and the defendant was incapable of forming intent to commit the alleged act at the time as a result. Brancaccio v. State, 698 So. 2d 597 (Fla. 4th DCA 1997)

Unlike many other crimes (such as murder), DUI does not require specific intent – meaning someone does not have to willfully ingest enough alcohol (or another substance) to have their BAC rise above 0.08 or impair their normal faculties. If they are behind the wheel under the influence, the crime is committed.

However, Florida’s courts have applied the involuntary intoxication defense to DUI cases before. Courts have recognized that if someone consumes what they believe to be a non-intoxicating substance and it impairs them without their knowledge (whether alcohol or drugs), this is not DUI. Carter v. State, 710 So.2d 110 (Fla. 4th DCA 1998).

But involuntary intoxication is an affirmative defense. A defendant must present evidence that they unknowingly ingested a substance that caused impairment and that they drove without knowledge of their impairment or the likelihood of becoming impaired while driving. 

If evidence is provided by the defense of involuntary intoxication, they are entitled to a jury instruction (under Carter). In Carter, the requested instruction read:

“A defense asserted in this case is that of involuntary intoxication. If you find that the defendant was driving a motor vehicle to the extent that his normal faculties were impaired, you must then consider the issue of whether the defendant unknowingly ingested a substance which caused him to become impaired. If you find that the defendant unknowingly ingested a substance which caused him to become impaired, and that he drove a motor vehicle without the knowledge that he would become impaired while driving due the consumption of such a substance, then you should find the defendant not guilty of DUI.” Carter at 113.

Put simply, a driver arguing they consumed what they believed to be a non-alcoholic beverage is unlikely to prevent DUI charges (if they are found to be impaired). But if evidence of involuntary intoxication is provided at trial, Florida’s courts have recognized the defendant is entitled to a jury instruction which may lead to their acquittal on involuntary intoxication grounds.

Other defenses to DUI may include:

• Improper traffic stop: Officers lacked reasonable suspicion to initiate the stop, as required by law.
• Lack of probable cause for arrest
• Inaccurate field sobriety tests
• Faulty Breathalyzer results (improper calibration, etc.)
• Blood test challenges
• Lack of actual physical control 
• Procedural challenges (such as violations of Miranda rights, motions to suppress evidence obtained unconstitutionally, etc.)

So, can someone face DUI charges if they get behind the wheel after drinking High Noon vodka seltzer that is mislabeled as Celsius? The answer is yes – and this is a risk Floridians are facing right now. However, if evidence is provided that someone was indeed involuntarily intoxicated, this increases the likelihood of the case resolving favorably. 

If someone is arrested and formally charged with DUI after consuming what they believed to be non-alcoholic Celsius Blue Razz drinks in Florida that actually contained vodka seltzer, it is important to seek out an experienced and aggressive DUI lawyer as soon as possible. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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