Mississippi Criminal Law BlogCold and flu season is upon us. Many people often find themselves wondering, is it really possible to get a DUI from consuming cold medicine? Simple over the counter cold medicines can provide great relief to those that are down sick with coughing, sneezing, and congestion. However, there are often side effects that can leave you drowsy and judgment-impaired much the same way that alcohol can.
To answer that question, you really need to take a look at what a DUI offense is really all about. DUI stands for “driving under the influence.” Yes, this commonly refers to an individual operating a vehicle with a blood or breath alcohol content (BAC) of .08 or above. However, the law is intended to prevent driving while under the influence of anything that could impair your ability to safely operate a motor vehicle, including drugs. Driving while impaired by drugs is illegal in Mississippi. The fact that a drug was legally obtained and taken is no defense. If the state prosecutors can prove that you were driving while impaired by any over the counter and/or legal drugs, you could potentially be found guilty of driving under the influence.
Many people will take over-the-counter drugs to stop a headache or relieve cold symptoms. Over-the-counter medications are required to have printed warnings about side effects, including driving risks. The bad news is, many people don’t read the warning or they don’t believe it is meant for them. If you don’t understand these warnings, ask a pharmacist for help. However, some people take larger amounts of over-the-counter drugs to get high and feel good. Of course, this is particularly risky because taking any drug in large quantities results in a higher level of impairment, but it is important to know that even the recommended dosage of an over-the-counter drug can reduce your driving skills. Your coordination, decision-making, and reaction time can all be affected.
How Do Police Officers Know that You’re Driving Under the Influence of Drugs?
A DUI with drug involvement is much more difficult to prove than when alcohol is involved. With alcohol, there are objective tests to prove you are above the legal limit. There are blood, breath, and urine tests. With drugs, the proof is more subjective. A law enforcement officer would need to recognize clear signs of drug impairment. Depending on the dose, cold medicines can cause impairment that would rise to a DUI level. Cold medicines may cause:
Anxiety
Impaired judgment
Extreme lethargy
Dizziness
Remember, you may not feel the full effects of some over the counter drugs until an hour or so after you take them. Be mindful of this if you need to drive during this time frame.
With all of this being said, the answer is, yes, you can face a DUI if you are driving under the effects of cold medicine. Whether or not a prosecutor will be able to prove that you were actually illegally impaired by taking the cold medicine is another story. You need a qualified, experienced DUI defense attorney on your side to make sure a DUI charge does not turn into a DUI conviction marking your permanent record. Our attorneys at the Carmody Law Firm are more that equipped to help fight for your rights in court.
Enlist the Help of a Qualified Attorney
When you are searching the state of Mississippi for a qualified, experienced DUI defense attorney, look no further than Vic Carmody Jr., P.A. no matter the circumstances of your case, the sooner you get in touch with a qualified DUI defense attorney, the better chance you have for a favorable outcome. Over the years, we have helped countless offenders who have been charged with DUI’s. Please call us for a free consultation today. We can help you defend yourself when you are arrested and charged with a DUI in Mississippi.
Please also see us on mississippi-lawyers.com and view our reviews on avvo.com, superlawyers.com, and martindale.com. Our email address is vic@mississippi-lawyers.com, and our office phone number is (601) 948 – 4444 option 1.