Driving under the influence, or DUI, is a serious offense in Georgia. Most people know that drinking alcohol before driving can lead to DUI charges if they get pulled over and take a breath or blood test. However, not everyone knows that certain medications, even legal ones prescribed by a doctor, can also affect DUI test results. In Georgia, DUI laws are strict, and any substance that impacts your ability to drive safely can lead to charges. It is important to understand how various medications can impact your driving and how they may influence a DUI test. At, Willis Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding DUI Laws in Georgia
Georgia has strict DUI laws meant to keep the roads safe for everyone. These laws prohibit drivers from being under the influence of alcohol, drugs, or other substances that could impair their ability to drive safely. In Georgia, a DUI can be charged if a person’s blood alcohol concentration (BAC) is 0.08 percent or higher for regular drivers, 0.04 percent or higher for commercial drivers, or 0.02 percent or higher for drivers under the age of 21. However, DUI charges are not limited to alcohol. Georgia law includes drugs, including both illegal drugs and certain prescribed or over-the-counter medications.
What Are DUI Tests?
When a person is suspected of DUI in Georgia, they may be asked to take a series of tests to measure whether they are impaired. Common DUI tests include breathalyzer tests, which measure the level of alcohol in a person’s breath, and blood tests, which can detect alcohol and other substances in the bloodstream. Field sobriety tests are also commonly used. These tests assess a person’s physical and mental ability to follow instructions and perform simple tasks, which can reveal if someone is impaired.
DUI tests are designed to detect impairment, but sometimes they can be influenced by other factors, such as medications. Some medications can cause side effects that affect the test results, which may lead to a positive DUI result even if the person is not impaired by alcohol or drugs.
He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments. Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive yearsGreg Willis has been successful at defending DUI cases (over 93% without a conviction)
Medications That Can Affect DUI Test Results
Many medications can affect DUI test results, including prescription drugs, over-the-counter medications, and herbal supplements. Some of these drugs can cause drowsiness, dizziness, confusion, or slowed reaction times, which may affect a person’s driving ability and may appear as signs of impairment on a field sobriety test. Common medications that can affect DUI tests include antidepressants, allergy medications, sleep aids, pain relievers, and even some cold medicines.
For example, medications like antihistamines, which are often used to treat allergies, can cause drowsiness and impaired coordination. Cold medications that contain alcohol can increase a person’s BAC, leading to a higher breathalyzer reading. Pain relievers, particularly those that contain opioids, can impair judgment and slow reaction times, which can affect both driving and sobriety test results. Even some antidepressants and anti-anxiety medications can cause drowsiness, blurred vision, and delayed reflexes, which can mimic the effects of alcohol or drug impairment.
How Prescription Drugs Impact Field Sobriety Tests
Field sobriety tests require drivers to perform physical tasks, such as walking in a straight line, standing on one leg, or following a moving object with their eyes. These tests are designed to detect signs of impairment, but they may be difficult to complete successfully if the driver is under the influence of certain medications. For example, some medications may cause unsteadiness or poor balance, which could make it challenging to walk a straight line or stand on one leg. This may lead an officer to believe the person is impaired, even if they have not consumed alcohol or illegal drugs.
Similarly, some medications can affect a person’s eye movements, which may lead to difficulty passing the horizontal gaze nystagmus (HGN) test, a test where an officer asks the person to follow a moving object with their eyes. If a person’s eyes do not move smoothly, it could be interpreted as a sign of impairment, even if the cause is medication and not alcohol or illegal drugs.
Breathalyzer Tests and Medications
Breathalyzer tests are commonly used in DUI cases to measure the level of alcohol in a person’s system. However, some medications can affect the results of a breathalyzer test. For instance, some mouthwashes and cold medicines contain small amounts of alcohol. If a person has recently used these products, the breathalyzer may detect the alcohol, which could lead to a higher BAC reading. While this alcohol may not actually impair a person’s ability to drive, it can affect the test results and potentially lead to a DUI charge.
Another issue with breathalyzer tests is that certain medical conditions, such as acid reflux or diabetes, can produce chemicals that may be detected by a breathalyzer, leading to a false positive result. This can happen because the breathalyzer may mistake certain substances in the breath as alcohol, even if the person has not consumed any alcohol.
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Blood Tests and Prescription Medications
In some DUI cases, an officer may request a blood test to measure the substances in a person’s bloodstream. Blood tests are generally more accurate than breathalyzer tests, but they can still be affected by prescription medications. Blood tests can detect a wide range of substances, including both alcohol and drugs, and are often used when an officer suspects drug use rather than alcohol use.
Prescription medications, such as opioids, benzodiazepines, and certain muscle relaxants, can show up in a blood test and may be considered as impairing substances. Even if the medication was legally prescribed, the presence of these drugs in the bloodstream could lead to a DUI charge if the officer believes the medication impaired the driver’s ability to operate a vehicle safely. This makes it important for drivers to know how their medications may affect their driving and to speak with their doctor about possible side effects before getting behind the wheel.
The Role of Medical Conditions in DUI Tests
Certain medical conditions can also impact DUI test results. For example, people with diabetes may experience symptoms such as confusion, slurred speech, or poor coordination when their blood sugar levels are low. These symptoms can mimic the signs of alcohol impairment, which may lead an officer to suspect DUI. Additionally, people with acid reflux may produce mouth alcohol, which can lead to a false positive on a breathalyzer test.
Asthma inhalers and other medications used to treat respiratory conditions can also impact breathalyzer results. Some inhalers contain substances that may be detected by a breathalyzer, leading to a positive result even if the person has not consumed any alcohol.
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Defending Against a DUI Charge Involving Medication
If a person is charged with a DUI due to medication use, it is essential to build a strong defense. In Georgia, drivers have the right to defend themselves against DUI charges, and having a clear understanding of the medications involved can be crucial. If a person’s DUI test results were affected by legal prescription drugs or over-the-counter medications, a defense attorney may be able to argue that the driver was not impaired.
A common defense is to show that the driver was using medication as directed by their doctor and that they were not impaired while driving. In some cases, a medical specialists may testify about the effects of the medication and whether it could have impacted the DUI test results. This can be helpful in showing that the driver was not under the influence of alcohol or illegal drugs and that their impairment, if any, was due to legally prescribed medication that was taken responsibly.
What to Do If You Face a DUI Charge Due to Medication in Georgia
If you are facing a DUI charge in Georgia due to medication, it is important to know your rights and to take steps to protect your future. Contacting an attorney who understands DUI cases involving medications can be an important first step. An attorney can review your case, look at the medications involved, and determine whether the test results were influenced by your prescription drugs or other legal substances.
It is also helpful to keep a record of all medications you are currently taking, as well as any doctor’s instructions related to these medications. This information can be useful in building a defense and in helping the court understand that the DUI test results may have been impacted by legal medication, not by alcohol or illegal drugs.
Medications can play a significant role in DUI cases, especially if they affect your test results or lead an officer to believe you are impaired. Knowing how your medications might influence DUI tests in Georgia can help you make informed decisions about driving while on medication. If you or a loved one is facing a DUI charge due to prescription or over-the-counter medication, it is important to understand that you have options. An experienced attorney can help you navigate this complex situation and work toward the best possible outcome.
At Willis Law Firm, we understand the challenges you may face with a DUI charge involving medications. Our team is here to provide guidance and support, helping you protect your rights and your future. If you need help with your DUI case, contact Willis Law Firm today to speak with a knowledgeable attorney who can assist you in defending your case.