High Noon Recall: Involuntary Intoxication And Texas DWI Defense In Galveston

High Noon recalled two production lots of its Beach Variety 12-packs after some cans of vodka seltzer were mislabeled as Celsius Astro Vibe Sparkling Blue Razz energy drink with a silver lid. The FDA notice lists specific lot codes on the can bottom and on the 12-pack, and product shipped July 21 to July 23, 2025, with distribution to several states. If you were cited for DWI or public intoxication in Galveston after drinking what you thought was an energy drink, preserve the can, photograph the lot code, save the receipt, and talk to a lawyer right away. In Texas, involuntary intoxication is a narrow defense. Courts debate its role in DWI prosecutions, so fast documentation and precise legal strategy are vital.

What Happened With The High Noon Recall

• What the FDA posted: High Noon announced a recall on July 29, 2025. Some Beach Variety 12-packs included Celsius-branded Astro Vibe blue razz cans with silver lids that were filled with vodka seltzer. The notice lists affected lot codes for both the High Noon 12-pack and the mislabeled Celsius cans.
• Why it matters: Someone could consume alcohol without realizing it, which creates obvious legal and safety issues.
• How to check your can: Look for a silver lid on a Celsius Astro Vibe blue razz can and check the bottom time-stamp. Compare your 12-pack exterior lot code to the recall list.
• What to do with a suspect can: Photograph the can, lid, and lot code, keep the can sealed if possible, save any receipt or transaction record, and write down where and when you bought it.

Could Involuntary Intoxication Help A Texas DWI Case?

Texas recognizes involuntary intoxication in limited circumstances, usually when a person did not know they ingested an intoxicant, was forced to ingest it, or had an unexpected intoxicating reaction to a properly used medication. In DWI cases, prosecutors often argue that intoxication offenses do not require proof of a culpable mental state. Some case law and commentary suggest the defense may still be available in narrow situations or may bear on jury instructions or punishment. The bottom line is simple: success turns on evidence, timing, and how your lawyer frames the issue for the court and the jury.

Quick Actions If You Were Stopped After Drinking A Mislabeled Can

1) Preserve evidence
• Keep the can, carton, and receipt. Photograph the bottom lot code and the 12-pack lot code.
• Write down when and where you consumed the drink and how many you had.

2) Get medical and lab documentation
• If safe to do so, consider a prompt independent blood test. Save any hospital or clinic records.

3) Protect your license
• You have a short deadline to request an ALR hearing. Missing it can trigger a suspension.

4) Do not guess or explain to police
• Provide license and insurance. Ask for a lawyer before answering questions about consumption.

5) Call a Galveston DWI lawyer
• Start building a record now. Learn more about defenses on our Galveston DWI Lawyers page

How We Build This Defense In Galveston County

• Timeline reconstruction: purchase, consumption, onset of effects, traffic stop, and test times.
• Chain of custody for the can and carton: photographs, storage, and lot verification against the recall bulletin.
• Toxicology and pharmacology: expected blood alcohol curves if the can contained vodka seltzer, comparison to reported symptoms, and review of lab methods used by the state.
• Video and paperwork: body cam, dash cam, implied consent warnings, breath or blood testing protocols, and any deviations that undermine reliability. See our DWI strategy overview here: Fighting and Beating DWI Cases in Galveston County
• Alternative explanations: medical conditions and confounders that mimic impairment. Our guide (here) on diabetic episodes shows how symptoms can be misread by officers

Frequently Asked Questions

What if I already threw away the can?
Try to recover purchase records, loyalty app logs, or security footage from the store. Ask the retailer to confirm whether the affected lots were on the shelf during your visit. Witness accounts help.

Does the defense apply if I was not driving?
For non-driving situations such as an arrest on The Strand or Seawall, your issue may be public intoxication. We handle that too. See Public Intoxication Lawyers

What if the officer says I “should have known” it was alcohol?
Your lawyer will line up the packaging story, lot codes, and testing to show why a reasonable person could have believed the drink was an energy drink. That is why the silver lid, the bottom code, and the recall bulletin matter.

What about prescription drugs and involuntary intoxication?
Texas law treats unexpected intoxication from a properly used prescription differently than voluntary use for mood or recreational effect. This area is fact intensive. Bring your bottles and written instructions.

Call To Get Answers Today

Talk to a Galveston DWI lawyer now at (409) 215-7500. We serve Galveston, Galveston County, and nearby areas. If your case involves a mislabeled can, early evidence collection can change the outcome.