You would never drink and drive – but that doesn’t mean you can’t end up with a charge of driving under the influence (DUI) anyhow.
In Alabama, you can face drunk driving charges even if your impairment has nothing to do with alcohol or illicit drugs. Something as seemingly harmless as allergy or cold medication can put you on a police officer’s radar and lead to a criminal record. Understanding how this can happen is important if you – like many other people – start to rely harder and harder on over-the-counter or prescription allergy medications to manage your hayfever and goldenrod allergies this fall.
Understanding DUI laws in Alabama
Alabama’s DUI laws are among the strictest in the country. According to Alabama Code § 32-5A-191, it is illegal to drive or be in physical control of a vehicle if you are under the influence of any substance—whether alcohol, illegal drugs, prescription medication, or even OTC drugs—that impairs your ability to drive safely. The law doesn’t distinguish between impairments caused by alcohol and those caused by legal medications.
This means that if a law enforcement officer believes your ability to operate a vehicle is impaired by any substance, including allergy or cold medication, you can be arrested and charged with a DUI.
Antihistamines (like those found in Benadryl) are a staple in many allergy medications, and they can have sedating effects that cause drowsiness, dizziness and slowed reaction times. Decongestants, which have pseudoephedrine, are used to relieve nasal congestion but cause side effects that can affect your ability to focus on the road or slow your reaction times.
If you’re pulled over on suspicion of drunk driving and you think it could be a result of your allergy medications, do not tell the officer this. That’s the same as admitting to impairment. Instead, invoke your right to remain silent until you can discuss the situation with an experienced defense.
