DWI

Can You Get a DWI in New York for Driving on Cold Medicine?

When most people hear the phrase “Driving While Intoxicated” (DWI), they automatically think of alcohol or illegal drugs. It’s common knowledge that these substances can impair your ability to drive safely. However, many individuals may be unaware that over-the-counter (OTC) medications, such as cold medicine, can have a similar effect. In New York, it’s possible to face a DWI charge not just for being under the influence of alcohol or illegal drugs, but also for certain medications that impair your ability to operate a vehicle.

 

Robert Friedman

Michael Ranzenhofer

Justin Friedman

John Dracup

 

While it may sound surprising to some, cold medicine can significantly affect your ability to drive. Many drivers, particularly those with common cold or flu symptoms, rely on OTC medications to help alleviate their symptoms. However, what they may not realize is that these medications often contain ingredients that can cause drowsiness, dizziness, and impaired motor function. These side effects could potentially lead to a DWI charge, depending on how impaired your driving is.

This explanation will explore the legal consequences of driving while taking cold medicine in New York, how impairment from these substances is handled, and what steps you should take if you find yourself facing a DWI charge due to cold medicine use.

Understanding DWI Charges in New York Can You Get a DWI in New York for Driving on Cold Medicine?

A DWI charge in New York refers to driving while impaired by alcohol, drugs, or other substances. The law in New York is strict about driving under the influence to ensure the safety of all road users. While the most common form of impairment comes from alcohol or illegal drugs, it’s important to note that legal drugs and even OTC medications can impair a driver’s ability to operate a vehicle safely.

In New York, the legal blood alcohol concentration (BAC) limit for most drivers is 0.08%. If you’re driving with a BAC over that threshold, you can be arrested and charged with a DWI. However, the law is broader than just alcohol; it applies to any substance that can impair your driving ability, including certain prescription and OTC medications.

If you’re taking cold medicine and it impairs your ability to drive, you can still face a DWI charge, even if you haven’t consumed any alcohol. Police officers in New York are trained to spot signs of impairment, and if they believe you’re not in full control of your vehicle, they can pull you over and perform a sobriety test.

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The Role of Cold Medicine in Impairment

Cold medicines are widely used to treat symptoms like cough, congestion, and sneezing. However, many of these medications contain active ingredients that can impair your mental and physical functioning. Some of the most common ingredients in cold medicine that can impair your driving include:

  • Dextromethorphan (DXM): This cough suppressant is frequently found in cough syrups and can cause dizziness, confusion, and impaired motor coordination.
  • Diphenhydramine: This is an antihistamine commonly used to treat allergy symptoms, including in many cold and flu medications. It is known to cause drowsiness, blurred vision, and slowed reflexes, all of which can make it unsafe to drive.
  • Pseudoephedrine: Often found in decongestants, pseudoephedrine can cause jitteriness, an increased heart rate, and dizziness, all of which can affect your focus and reaction times while driving.

Even though cold medicines are available over the counter and are legal to purchase, they can still impair your ability to drive safely. The side effects can be subtle but impactful, especially when you’re behind the wheel. If an officer observes signs of impairment, even if it’s due to cold medicine, you could be subjected to a DWI charge.

What Happens if You Are Arrested for a DWI Due to Cold Medicine?

If you are pulled over and suspected of driving under the influence of cold medicine, the consequences can be serious, even if you haven’t consumed alcohol or illegal drugs. The process typically follows a few key steps.

First, if an officer believes you are impaired, they may ask you to submit to a field sobriety test. These tests assess your ability to perform tasks that require balance and coordination, such as walking in a straight line or standing on one leg. The officer will look for signs that your movements are impaired due to the effects of cold medicine.

If you fail a field sobriety test, the officer may request a blood or breath test to check for the presence of alcohol or other drugs in your system. In the case of cold medicine, however, the test may not show any alcohol or illegal drugs in your system. This is where things get complicated. Even if your BAC is below 0.08%, you can still be arrested and charged with DWI if the officer believes the cold medicine has impaired your ability to drive safely.

If convicted, the penalties for a DWI in New York can be severe. These include:

  • Fines that could range from $500 to $1,000 for a first offense.
  • License suspension that could last from six months to one year.
  • Mandatory alcohol or drug education programs.
  • Possible jail time for repeat offenders or aggravated circumstances.

Even if alcohol isn’t involved, impairment due to cold medicine can result in a DWI conviction, and the consequences are not to be taken lightly.

Legal Defenses for DWI Due to Cold Medicine

If you’ve been arrested for a DWI in New York after taking cold medicine, you still have the right to defend yourself. Below are some common defenses used in these situations:

  1. Lack of Significant Impairment: One possible defense is that the cold medicine did not impair your ability to drive. While some cold medicines can cause drowsiness or dizziness, the level of impairment may not be enough to qualify for a DWI charge. A defense attorney may argue that your symptoms were not severe enough to affect your driving.
  2. Prescription Medication Defense: If you were taking prescription cold medicine prescribed by a doctor, it could be a valid defense to argue that you followed the doctor’s instructions. You may not have been warned about the possible side effects, such as drowsiness or dizziness, and this could be used to argue that you were not aware of the risk to your driving.
  3. Challenging the Results of Sobriety Tests: Another defense could involve challenging the validity of the field sobriety tests. For instance, the officer might have improperly administered the test, or environmental factors (such as wet or uneven ground) could have contributed to the failure of the test.
  4. Improper Procedure During Arrest: If the officer did not follow proper procedures when arresting you or administering the test, this could lead to a dismissal of the charges. For example, if your rights were violated, this could be a strong argument in your defense.

What Should You Do If Arrested for a DWI?

If you’re arrested for a DWI, whether due to alcohol, illegal drugs, or cold medicine, it’s essential to take immediate action. Here are a few things you should do:

  1. Stay Calm and Respectful: When dealing with law enforcement, it’s crucial to stay calm and avoid making any statements that could potentially harm your defense. Be respectful and follow instructions, but you also have the right to remain silent.
  2. Request a Lawyer: Once arrested, you have the right to an attorney. It’s crucial to request one as soon as possible. A qualified DWI defense attorney will help guide you through the legal process, explain your rights, and develop a defense strategy.
  3. Do Not Admit Guilt: You should not admit guilt at the scene or during questioning. A DWI arrest does not mean you are automatically guilty, and a conviction depends on the evidence presented in court.
  4. Follow Legal Advice: After your arrest, work closely with your attorney to understand your options. Whether it’s fighting the charges or negotiating a plea deal, a skilled lawyer will ensure your best interests are represented.

If you or a loved one has been charged with a DWI in New York due to cold medicine, it’s critical to get the right legal help. The experienced attorneys at Friedman & Ranzenhofer, PC specialize in DWI defense and are ready to help protect your rights and guide you through the legal process. Contact us today to schedule a consultation and take the first step toward defending your case.

To learn more about this subject click here: Understanding the Differences Between DUI and DWI in New York

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