Can You Get A DUI From Over-The-Counter Medications?

Posted by William H. Sherman on Mar 10, 2014 | 0 Comments

Question: I was driving from my office in Cumming to my home in Woodstock, GA.  I was working late to finish a big project we had with our offices in London and Mumbai.  I had a bad cold for a few days and was really tired. I got pulled over by a Forsyth County deputy sheriff.  He said I didn't stay in my lane and I was speeding.  He asked if I'd been drinking.  I said I didn't have anything to drink.

He made me do some physical tests outside my car. I tripped doing the tests. Then I got arrested for DUI.  All I had taken was some NyQuil and other products for my cold.  Can I get a DUI because I was on cold medicine?

Answer: You can get charged with a DUI if a law enforcement officer believes that you are a less safe driver because of the ingestion of alcohol or drugs.  If you told the police officer that you had not been consuming alcohol but had taken cold medications the officer may have felt that the over-the-counter medications had caused impairment to such an extent that you were a less safe driver under Georgia law.  Or he may not have believed you.  You can be arrested for DUI drugs even if the drugs are taken pursuant to a prescription or if the drugs are non-prescription but cause impairment.

NyQuil products, as well as other cold and cough medications, contain antihistamines, hypnotics and alcohol.  They can cause impaired driving in some individuals.  We would be interested to know if you took a breath or blood test and it would be important to review the video of your interaction with the Forsyth deputy sheriff.

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We at the Sherman Law Group also try to answer as many questions as possible on our blog.  If you have a question, email it to us and we'll do our best to answer it.  No names will be used.  Speak to an experienced Forsyth County DUI lawyer at the Sherman Law Group.  If you want to speak with an experienced Forsyth County DUI lawyer, please call us.

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.

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