Summary:
A well-known case in Texas highlighted a growing legal concern: a man was arrested for DWI despite a 0.0% BAC result from both breathalyzer and blood tests. Though he was ultimately cleared, he spent a night in jail and a year in court. This case underscores the complex shift from DWI (Driving While Intoxicated) to DUI (Driving Under the Influence) charges in many states.
Unlike DWI, which often focuses on alcohol, DUI charges can include a broad range of substances, including legal prescription and over-the-counter medications. Even with the breathalyzer detecting no alcohol, the police can arrest you if they deem you “under the influence” of anything that impairs your driving. This includes recreational drugs, common prescriptions, and even dietary supplements.
Prescription medications like painkillers, antidepressants, muscle relaxants, and anti-anxiety drugs can impair driving. Over-the-counter medications such as antihistamines, cough syrups, anti-diarrheals, and motion sickness treatments can also lead to drowsiness or dizziness, raising DUI risks depending on individual reactions.
Supplements like Kava, Melatonin, Valerian Root, Passionflower, and Tryptophan have similarly led to DUI arrests. These substances can affect motor skills or alertness, making driving unsafe even though they are legal.
DUI arrests don’t require a specific BAC level. If officers witness erratic driving behavior, they may conduct field sobriety tests or request saliva or blood samples. If these tests show any impairing substance, legal or otherwise, a DUI charge may follow. Ultimately, the standard is whether the driver was safe to operate a vehicle, not what substance they took.
Motor Biscuit
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