Can Cough Medicine Lead to a DWI Arrest?

A common cold leaves many people in enough pain that they reach for some prescription or over-the-counter medication to help them sleep at night or get through the day. But can taking something as simple as cough medication lead to a DWI arrest?

The answer is a surprising “yes.”

Anyone taking any chemical substance should be careful when driving. They can face criminal penalties if they are impaired behind the wheel, as we explain in more detail below.

How Can Cough and Cold Medicines Impair You?

Although these products are generally safe for the public, they do have some ingredients which can impair motorists. For example, many cough and cold medications contain doxylamine, which is an antihistamine used to treat allergies and insomnia. It treats insomnia by inducing fatigue, which is obviously a risk while driving.

Cough medicines also contain decongestants, such as phenylephrine or pseudoephedrine. These decongestants narrow blood vessels, which allows mucus to drain and makes breathing easier.

By taking these medications, you may experience the following side effects when behind the wheel.

Drowsiness

Too much cough medicine, especially those designed for night-time use like Nyquil, could lead to increased fatigue. You might even nod off for a split second or temporarily lose control of your vehicle. It’s not unusual for a cop to pull a motorist over for drifting over the center line when they nodded off for a second.

Dizziness

Decongestants can make some people feel dizzy. Those with certain medical conditions like diabetes and hypertension should not take decongestants and are most likely to experience side effects. Add in the effects of a lack of sleep, and you could experience dizziness that makes driving risky.

You can face DWI charges if you cannot drive your vehicle safely because of a decongestant. That makes sense, since the goal of DWI laws is to promote safety on the public roads.

Simple Cold Medications Can Lead to Intoxication

Obviously, Texas’ DWI laws seek to keep people from driving after consuming alcohol or “hard” drugs like cocaine and heroin. But under the law, even legal drugs can lead to intoxication.

Under Texas Penal Code section 49.01, Definitions, “intoxication” means not having the normal use of your physical or mental faculties due to alcohol, a controlled substance, drug, or combination of drugs and alcohol. The introduction of “any other substance” into the body can also qualify as intoxication if you cannot drive safely.

Just because you had a valid prescription or the drug was available over the counter isn’t a defense. Section 49.10 says this explicitly. The key fact is that you did not have normal control of your faculties due to the substance. If you drive erratically or, even worse, get into a collision, you can expect a responding officer to question you about any substances you have had.

Are Seeking Solutions for DUI Criminal Charges?

Contact Houston DWI Lawyer Tad A Nelson Today

Life doesn’t stand still for common colds, and people still need to get to work or buy groceries. We get it. But if you are pulled over for DWI, you need immediate legal assistance. Contact our law firm and schedule your personal consultation with an experienced lawyer today.