Understanding the Role of Prescription Medications in DUI Charges 
West Virginia DUI laws are clear: driving under the influence is not limited to alcohol. While many people associate DUI charges with drinking, the law also includes driving under the influence of drugs—whether prescription, over-the-counter, or illegal substances. This includes commonly used medications like prescription cough syrup, antihistamines, and even decongestants. If you are arrested for DUI in West Virginia, the presence of drugs—whether prescribed by a doctor or purchased over the counter—can lead to serious legal trouble. This can be especially tricky during cold and flu season, when so many people are turning to remedies that could impair their ability to drive. While these medications may seem harmless, they can affect your coordination, reaction time, judgment, and overall alertness. If you’re caught driving under the influence of these drugs, you could face the same penalties as someone caught driving after drinking alcohol. The Impact of Common Cold and Flu Medications
There are several over-the-counter and prescription medications commonly used to treat cold and flu symptoms. These are the medications most people are reaching for to get through the season, but they can have unexpected side effects. The key is understanding how certain ingredients in these medications can impair your driving ability.
Harley Wagner
Defending West Virginia Residents for over 24 Years
- Codeine-Based Cough Syrups
- Antihistamines
- Decongestants
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
Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you."
- Clint Anderson
When Do Cold Medications Lead to DUI Charges?
You may be wondering, “If I’m using legal medications, how can I be charged with a DUI?” The answer lies in how these medications affect your ability to drive. West Virginia law does not require that the drugs impair you to the same extent as alcohol. If a medication impairs your ability to operate a vehicle safely—whether by making you drowsy, overly alert, or affecting your coordination—you can still face DUI charges. Law enforcement officers in West Virginia are trained to recognize the signs of impairment. If you are pulled over and the officer suspects that you may be under the influence of drugs (whether alcohol or prescription medication), they can administer field sobriety tests or request a chemical test. If the test shows that a drug has impaired your ability to drive, you could be arrested for DUI, even if the drug is legally prescribed or purchased over the counter.The Role of Prescription Medication in DUI Defense
One important thing to note is that having a valid prescription for a medication does not necessarily protect you from DUI charges. Even if a doctor prescribes the medication, it can still lead to impairment. In some cases, a prescription may be used as a defense, but only if it is shown that the drug was taken according to the doctor’s orders and did not cause impairment that would make it unsafe for the driver to operate a vehicle. At The Wagner Law Firm, we often defend clients who face DUI charges related to prescription medications. If you find yourself in a situation where you are arrested for DUI after taking a medication that was prescribed to you, our team can work with you to determine whether the medication was taken properly and whether it could have caused impairment. In some cases, we may be able to show that the medication was not the cause of the impairment, or that you were not impaired beyond what the law allows.Related Videos
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What to Do if You Are Arrested for DUI Due to Medication
If you are arrested for DUI in West Virginia because of prescription or over-the-counter medications, it is important to take the following steps:- Do Not Admit Guilt: It’s important to remain calm and polite, but avoid admitting guilt or making statements that can be used against you later. If asked if you’ve taken medication, you can acknowledge that you are using prescribed or over-the-counter medication, but do not say anything that suggests you were impaired.
- Know Your Rights: You have the right to refuse a field sobriety test and a chemical test, though refusing may result in automatic penalties, such as the suspension of your driver’s license. It’s essential to understand the consequences of your actions before making a decision.
- Contact a DUI Defense Attorney: If you are arrested for DUI, it’s important to consult with a qualified DUI defense attorney as soon as possible. At The Wagner Law Firm, we offer free consultations to help you understand your options. Our team can work to build a strong defense, looking at factors such as how your medication may have impacted your driving abilities and whether the DUI charges are justified.
- Consult Your Doctor: If you are using prescription medication, it’s important to consult your doctor about how the medication affects your ability to drive. In some cases, your doctor may be able to provide information that supports your defense, such as confirming the dosage and how the medication is supposed to affect you.