We are fighters
who will do everything we can to protect your rights and your future.

The attorneys of Daniels & Rothman, P.C.

Can your allergies lead to a drunk driving charge?

On Behalf of | Jul 24, 2024 | DUI |

Whether it’s grass, tree pollen, goldenrod and hay fever – it seems like you just can’t escape the allergens that make you constantly reach for the tissue box and those little bottles or boxes of over-the-counter medication.

But you need to be beware – because it’s not a far step from a bad allergy attack and too much medication and a charge of driving under the influence (DUI).

How a medical condition can be mistaken for impaired driving

When allergies strike, you may look like you’ve been using drugs or drinking – even when you haven’t. If a police officer pulls you over for a traffic violation, they’re trained to look for signs of impaired driving, and some of those signs include things like red, watery eyes, dark circles under someone’s eyes, slurred speech, droopy eyelids and impaired coordination.

If that sounds familiar, it’s because those can be signs of allergies that are out of control or a combo of allergies and a reaction to the antihistamines that are found in common medications, including Benadryl, Sudafed, Claritin and Zyrtec. 

Frankly, from an official standpoint, it doesn’t matter if you’re impaired by alcohol or drugs. Impaired driving is still impaired driving, even when you’re impaired because your over-the-counter allergy pills make you drowsy or disoriented. Too many people make the mistake of admitting to an officer who pulls them over for weaving a little over the yellow line or falling asleep at a stop sign that they’re pretty sure they just haven’t adjusted to their new allergy medications. 

If you’re pulled over for a traffic violation during allergy season, do yourself a favor: Decline to answer any questions about what medications you may have taken (because you can bet the officer will ask) until you can fully explore your defense options.

 

Archives