Understanding DUI Drug Charges in West Virginia 
In West Virginia, DUI charges are not limited to alcohol. The law also includes driving under the influence of drugs, both illegal and legal, such as prescription medications or over-the-counter drugs. When someone is pulled over for suspected impairment, officers will assess their behavior and the condition of their driving. If they suspect drug impairment, the next step is often to conduct a field sobriety test, followed by a drug test, such as a blood or urine sample.
For a DUI drug charge to hold, the prosecution must establish that the driver was under the influence of a drug that impaired their ability to operate a vehicle safely. This can be difficult to prove when the substance involved is something as common as cold or flu medication, which many people do not realize can cause impairment.
How Cold and Flu Medications Lead to DUI Drug Charges
Cold and flu medications are designed to relieve symptoms such as congestion, coughing, and fever. These medications often contain multiple ingredients, some of which can cause side effects like drowsiness, dizziness, and blurred vision. For example, dextromethorphan (DXM) is a common ingredient found in many cough suppressants, and in large doses, it can cause sedation and dizziness. Similarly, pseudoephedrine, a common decongestant, can increase heart rate and cause restlessness. Other ingredients, such as antihistamines, can result in drowsiness or a feeling of grogginess, which can negatively affect a driver’s reaction times.
Harley Wagner
Defending West Virginia Residents for over 24 Years
What Prosecutors Need to Prove in a DUI Drug Case Involving Cold and Flu Medications
Prosecutors have the challenging task of proving that a driver was impaired by the substance in their system. When it comes to cold and flu medications, the prosecution must demonstrate that the medication directly impaired the driver’s ability to operate the vehicle safely. There are a few ways this can be done:Field Sobriety Tests
Field sobriety tests are often used by law enforcement to determine whether a driver is impaired. These tests assess the driver’s balance, coordination, and ability to follow instructions. However, field sobriety tests are not always reliable, especially when it comes to the impairment caused by cold and flu medications. Some individuals may pass these tests even if they are impaired, while others may fail due to anxiety or other factors unrelated to substance use.Drug Recognition Experts
In DUI drug cases, law enforcement may call upon drug recognition experts (DREs). These experts are trained to identify the signs of drug impairment based on physical and behavioral indicators. They may be able to identify specific symptoms caused by cold and flu medications, such as sluggish movements, difficulty focusing, or impaired speech. However, this evidence can be subjective and open to interpretation.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.”
- Antea Jarazi
The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation."
- Savanna Cummings
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- Clint Anderson
Toxicology Reports
The most concrete evidence in a DUI drug case is typically a toxicology report. These reports show whether a driver had any drugs in their system at the time of the arrest. However, having a drug in one’s system is not enough to prove impairment. The prosecution must demonstrate that the amount of medication in the person’s system was sufficient to cause impairment. In the case of cold and flu medications, determining this can be complex since the medications often vary in potency and can affect individuals differently.The Role of Prescription and Over-the-Counter Medications
Prescription medications are another common cause of DUI drug charges, but cold and flu medications sold over-the-counter (OTC) can be just as problematic. Many individuals don’t realize that OTC medications can impair their driving ability. Unlike prescription drugs, which typically come with warnings about drowsiness and impairment, OTC medications often don’t carry the same level of caution, leading people to assume that they are safe to use while driving.Related Videos
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