Decongestants, Cough Syrup, and DUI in Georgia: How Prosecutors Use “Less Safe” Charges

Driving Under the Influence (DUI) is typically associated with alcohol and illegal drugs, but did you know that even legal substances like over-the-counter medications and prescription drugs can lead to DUI charges? Many people don’t realize the potential legal risks associated with common medications such as decongestants and cough syrup, which can impair driving ability and result in DUI charges in Georgia.

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In DUI cases involving medications, prosecutors may charge an individual under a “less safe” DUI statute, arguing that the person was unable to drive safely due to the effects of the substances. This can happen even when the driver’s blood alcohol concentration (BAC) is well below the legal limit. Understanding these nuances is crucial, especially since many individuals take medications without realizing how they might affect their driving.

In this blog, we’ll break down how prosecutors use “less safe” charges in DUI cases, the role of common medications like cough syrup and decongestants, and the legal defenses available if you find yourself facing DUI charges in Georgia.

What Does a “Less Safe” DUI Charge Mean?

When most people think of DUI charges, they picture someone driving with a BAC over 0.08%. However, Georgia DUI laws also account for impairment caused by substances other than alcohol. This includes prescription drugs, over-the-counter medications, and even legal substances that can impair a driver’s ability to operate a vehicle safely.

Greg Willis has been successful at defending DUI cases (over 93.1% without a conviction)

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The “less safe” DUI charge is often applied when the driver is not necessarily under the influence of alcohol or illegal drugs, but their driving is considered unsafe due to impairment. In this case, impairment is not measured by BAC levels but rather by observable effects such as drowsiness, confusion, or lack of coordination. For medications like decongestants or cough syrup, these effects may not always be obvious, but they can still be significant enough to affect a driver’s ability to react quickly or make sound decisions on the road.

Under Georgia’s DUI laws, prosecutors can argue that a person’s driving was “less safe” due to medications, and the driver can still face serious legal consequences, including license suspension, fines, and even jail time.

Common Medications That Can Lead to DUI Charges

While most people know that alcohol and illegal drugs can lead to DUI charges, few realize that common over-the-counter and prescription medications can have similar effects. In Georgia, medications like cough syrup and decongestants are often involved in DUI cases, especially when they contain ingredients that can impair driving ability. Let’s take a closer look at these substances and why they’re dangerous for drivers.

Cough Syrup and Its Effects

One of the most common medications involved in DUI cases is cough syrup, particularly those that contain codeine or other opioid-based ingredients. While codeine is a prescription medication, it’s often included in over-the-counter cough syrups available in some states. Codeine can cause drowsiness, confusion, and a general slowing of motor skills, which makes it dangerous for anyone operating a vehicle.

The issue with cough syrup is that many people assume it’s safe because it’s available over the counter or prescribed by a doctor. They may not realize that, when taken in high doses or mixed with alcohol, cough syrup can severely impair a person’s ability to drive. If an officer pulls over a driver who appears drowsy, disoriented, or uncoordinated, they may suspect that the driver is impaired by the substance and issue a DUI charge under the “less safe” law.

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Decongestants and Their Side Effects

Decongestants like pseudoephedrine, commonly found in over-the-counter medications, are another culprit in DUI cases. These drugs are designed to relieve nasal congestion but can have side effects that impair driving ability. Pseudoephedrine can cause dizziness, blurred vision, and restlessness—all of which can make it dangerous to drive.

Even if the driver feels “alert” after taking a decongestant, the physical effects can still impair their judgment, reaction time, and motor skills. In DUI cases involving decongestants, prosecutors may argue that the driver was less safe on the road due to these side effects, even if the individual didn’t experience a significant degree of impairment.

How Prosecutors Use “Less Safe” Charges in DUI Cases

In Georgia, prosecutors often turn to “less safe” charges when a driver is suspected of being impaired by legal medications. These charges do not require the same proof as a traditional DUI charge, which would typically involve measuring blood alcohol content (BAC). Instead, a prosecutor can pursue a less safe charge by showing that the driver’s ability to operate the vehicle was compromised by medication, even if there is no direct evidence of intoxication.

In some cases, law enforcement may use field sobriety tests or breathalyzer results to assess impairment. However, the absence of alcohol in the driver’s system does not rule out the possibility of impairment from medications. Prosecutors can present evidence such as:

• Field Sobriety Test Results: If a driver exhibits signs of impairment such as swaying, slurred speech, or difficulty following instructions during a field sobriety test, this can be used as evidence of unsafe driving due to medication. 
• Behavioral Observations: Law enforcement may observe signs like drowsiness, lack of coordination, or erratic driving patterns that suggest the driver is impaired by medication. 
• Expert Testimony: In some cases, expert testimony from toxicologists or other medical professionals can be used to explain the potential effects of a medication on a driver’s ability to operate a vehicle safely. 

These types of cases often hinge on expert testimony, behavioral observations, and the argument that the driver’s actions on the road were inconsistent with safe driving standards.

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Defending Against DUI Medication Charges in Georgia

If you are facing DUI charges in Georgia related to medications like decongestants or cough syrup, it’s important to remember that there are defenses available. While a “less safe” charge can be difficult to challenge, an experienced DUI attorney can help you build a strong defense and potentially reduce or dismiss the charges.

Here are some common defenses used in DUI medication cases:

Lack of Impairment

A strong defense against a “less safe” DUI charge is to argue that the driver’s behavior was not actually impaired. This can involve questioning the accuracy of the field sobriety tests or challenging the police officer’s observations. For instance, if you were taking a decongestant, you could argue that the medication did not impair your driving to the extent claimed by the officer.

Prescription Medication Defense

If you were taking a medication under a valid prescription, this may provide a defense in some cases. Prescription medications are legal when used as directed, but that doesn’t mean they don’t have side effects. A good defense attorney can argue that you were acting in good faith by following your doctor’s instructions and that the medication’s side effects were not significant enough to impair your driving.

Unreliable Test Results

Another defense could involve challenging the results of field sobriety tests or chemical tests. In some cases, breathalyzer tests may not be reliable when medications are involved, as these tests are typically designed to detect alcohol, not drugs or prescription substances.

Lack of Sufficient Evidence

Finally, the prosecution must prove beyond a reasonable doubt that your driving was unsafe due to the medication. If the evidence is weak or insufficient, a DUI attorney may argue that the case should be dismissed or that there is not enough evidence to convict you.

If you’re facing DUI charges involving medications like decongestants or cough syrup, it’s important to take the matter seriously. Even legal medications can lead to DUI charges if they impair your ability to drive. The “less safe” DUI charge is a powerful tool for prosecutors in Georgia, but with the right defense strategy, you can fight back.

The Willis Law Firm is experienced in handling DUI cases involving medications, and we are here to help you navigate this complex legal terrain. If you’ve been charged with DUI in Georgia, don’t wait. Contact us for a free consultation, and let us help you protect your rights.

To learn more about this subject click here: Blood Draw vs. Breath Test in Georgia DUI Cases: How the Evidence Is Used Against You