The Link Between Cold Medicine and Impaired Driving 
It’s common to assume that only alcohol or illegal drugs can impair your driving, but many OTC cold medications can have similar effects. The active ingredients in some cold medicines, particularly antihistamines and decongestants, are known to cause drowsiness, dizziness, and a general lack of coordination. These symptoms can significantly impair your driving performance, leading to dangerous situations on the road. Here are some key ingredients in cold medicine that can affect your ability to drive:
- Antihistamines (e.g., Diphenhydramine): Commonly found in medications like Benadryl and some nighttime cold remedies, antihistamines can cause drowsiness, affecting your concentration and reaction times.
- Cough Suppressants (e.g., Dextromethorphan): While they help with a dry cough, they can cause dizziness and drowsiness, further impairing motor skills.
- Decongestants (e.g., Pseudoephedrine): These can make you feel more alert in the short term but may cause anxiety, restlessness, and elevated heart rate, which could impair judgment and focus.
Harley Wagner
Defending West Virginia Residents for over 24 Years
DUI Laws in West Virginia and Their Scope
In West Virginia, DUI laws are clear: any substance that impairs your ability to drive—whether it’s alcohol, prescription drugs, or OTC medications—can lead to DUI charges. Unlike some other states, West Virginia doesn’t require that you be over a specific blood alcohol concentration (BAC) to be convicted of DUI. Instead, the law focuses on impairment. This means that even if you’ve consumed no alcohol but are impaired due to the sedative effects of cold medicine, you could still be arrested and charged with DUI.- What is Considered Impairment?: Impairment is broadly defined as anything that makes you incapable of driving a vehicle safely. This includes slowed reaction times, difficulty concentrating, and any other symptoms caused by the medication that affects your driving abilities.
- What Happens During a DUI Stop?: During a traffic stop, law enforcement officers may notice signs of impairment, such as erratic driving, difficulty communicating, or unsteady movements. If they suspect you are impaired, they may ask you to undergo field sobriety tests or a breathalyzer test. In some cases, the breathalyzer may show a 0.00% BAC, but you could still be arrested for DUI based on impairment caused by cold medicine.
How Cold Medicine Affects Your Ability to Drive
Cold medicines can affect individuals in different ways, depending on the ingredients and dosage. While some people may experience mild drowsiness, others may suffer from more severe side effects. Here’s how cold medicine may affect your driving abilities:- Cognitive Impairment: Many cold medicines affect the central nervous system, slowing down mental processes and impairing judgment. This could result in poor decision-making while driving.
- Drowsiness and Fatigue: This is one of the most common side effects of cold medicine, especially those containing antihistamines. Feeling drowsy or fatigued behind the wheel can lead to slower reaction times, making it harder to respond to sudden road hazards.
- Reduced Coordination: Cold medicine can interfere with your motor skills, making it difficult to maintain proper control of your vehicle. This could lead to swerving, failing to maintain a lane, or an inability to react quickly enough to traffic signals or road signs.
- Impaired Concentration: In addition to physical impairment, cold medicine can also reduce your ability to focus. Drivers often need to process multiple pieces of information at once—traffic signals, speed limits, and other drivers—making focused attention crucial. Cold medicine can make this task harder.
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
The Consequences of DUI Charges Due to Cold Medicine
Being arrested for DUI due to cold medicine use is not something to take lightly. The consequences can have long-lasting effects on your life. Here’s what you may face:- Legal Penalties: If convicted of DUI, you may face fines, mandatory alcohol education programs, and even jail time, depending on the severity of the offense and any prior DUI convictions.
- License Suspension: A DUI conviction in West Virginia often leads to a driver’s license suspension. This can severely impact your ability to commute to work or engage in other daily activities.
- Insurance Consequences: Having a DUI on your record can also lead to higher insurance premiums. Some insurers may even refuse to cover you, making it harder to get car insurance in the future.
- Criminal Record: A DUI conviction stays on your criminal record, which can affect your job prospects, especially in careers that require driving.
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What to Do If You’re Arrested for DUI Due to Cold Medicine
If you find yourself arrested for DUI after taking cold medicine, it’s important to take immediate steps to protect your rights. Here are a few key actions you should take:- Contact an Experienced DUI Defense Lawyer: One of the first steps you should take is to reach out to an experienced DUI defense attorney. The Wagner Law Firm specializes in DUI defense and can help you understand your legal options and build a strong defense.
- Document Your Medication: Keep track of any cold medicines or prescription medications you were taking at the time of your arrest. This can be helpful in showing that the medication was the source of your impairment.
- Request a Blood Test: If you’re asked to take a breathalyzer test and it comes back showing a 0.00% BAC, request a blood test. The blood test can help determine the presence of other substances, such as antihistamines, which may have contributed to your impairment.
- Review Field Sobriety Tests: Field sobriety tests are often subjective, and there may be factors that led to poor performance, such as fatigue from illness or the side effects of cold medicine. An attorney can help challenge the validity of these tests if they were improperly conducted.
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How to Protect Yourself from DUI Charges When Taking Cold Medicine
To avoid potential DUI charges, there are a few precautions you should take when using cold medicine:- Read Labels and Check Ingredients: Always check the ingredients of any cold medicine you plan to take. If it contains antihistamines, expect drowsiness and avoid driving while under the influence.
- Wait Until the Effects Wear Off: If you’ve taken cold medicine, wait until you feel fully alert and clear-headed before driving. Don’t risk driving if you’re unsure how the medicine will affect you.
- Use a Designated Driver: If you need to go somewhere but have taken cold medicine, arrange for a designated driver to ensure you can get there safely without putting yourself or others at risk.