DWI Car Accident Legal Claims Involving Over-The-Counter Drugs

Key Points:

• OTC drugs like antihistamines and sleep aids can cause drowsiness, dizziness, and blurred vision, increasing accident risks.
• In Georgia, you can be charged with DUI if OTC drugs impair your driving.
• Proving impairment from OTC drugs often relies on observations, police reports, medical records, and expert testimony.
• Common OTC medications can impair driving, so it’s crucial to read labels and understand side effects.

Table of Contents

While driving under the influence (DUI) is typically associated with alcohol or illegal drugs, certain over-the-counter (OTC) medications can also impair a driver’s ability to safely operate a vehicle. When taken in excess or in combination with other substances, OTC drugs can cause drowsiness, dizziness, blurred vision, or even altered mental states. These side effects can reduce a driver’s focus, reaction time, decision-making capabilities, and lead to an increased risk of car accidents.

There has been growing concern over OTC drug-induced car crashes, and research suggests that a significant number of accidents can be attributed to drivers who were impaired by OTC medications.

A Quick Definition and Overview of DWI

In Georgia, DWI (Driving While Intoxicated or Impaired) is synonymous with DUI (Driving Under the Influence). Both refer to operating a motor vehicle while intoxicated by alcohol, drugs (including prescription and OTC medications), or other substances. The legal blood alcohol concentration (BAC) limit in Georgia is 0.08% for non-commercial drivers aged 21 and older. For drivers under 21, the limit is 0.02%.

Unlike alcohol, there is no established legal limit for drug concentrations in the bloodstream. However, drivers can still be charged with a DUI if they are found to be impaired by any substance, including over-the-counter medications. Penalties for DUI offenses in Georgia may include fines, license suspension, community service, mandatory drug or alcohol education programs, probation, and possibly jail time. There are more severe consequences for repeat offenses or DUI incidents resulting in injury or death.

It’s important for drivers to understand that impairment can come from a wide range of substances, including legal ones, and to take precautions against driving while impaired.

How Can an Over-the-Counter Drug Can Lead to a DWI Car Accident?

OTC drugs are medications available without a prescription. They are used to treat common ailments such as colds, allergies, or pain. While considered safe when taken as directed, some OTC drugs can cause side effects that impair driving abilities. Antihistamines, for example, are used to treat allergies but can cause drowsiness, slow reaction times, and impaired coordination. Similarly, some OTC pain relievers and cough medications have similar side effects that can affect a person’s ability to drive safely. When taken in excess or in combination with alcohol or other drugs, the effects of these OTC medications can be even more pronounced.

Drivers impaired by OTC drugs who get behind the wheel put themselves and others at risk. Their reduced reaction time, impaired judgment, and decreased coordination can lead to accidents. It is crucial for individuals to read and follow the instructions on OTC drug labels and to be aware of the potential side effects. When in doubt, it’s always better to err on the side of caution and refrain from driving until any side effects have worn off. Remember that even though OTC drugs are legally available without a prescription, driving under the influence can still result in a DWI charge if they impair your ability to drive safely.

Common Over-The-Counter Drugs That Can Impair Driving

Several OTC drugs can impair your ability to drive, even when taken as directed. You should be aware of these medications and take precautions if you need to use them.

• Antihistamines: These drugs are used to treat allergy symptoms and can cause drowsiness, slow reaction time, and affect your ability to focus.
• Decongestants: Used to relieve nasal congestion, decongestants can cause dizziness, anxiety, and restlessness.
• Cough Suppressants: Some cough medicines can cause drowsiness, blurred vision, and dizziness.
• Pain Relievers: Non-prescription painkillers like ibuprofen or naproxen can cause drowsiness and dizziness.
• Sleep Aids: Many OTC sleep aids contain antihistamines, which can cause drowsiness and slow reaction times.
• Motion Sickness Medications: These drugs can cause drowsiness and blurred vision.
• Herbal Supplements: Some herbal remedies can cause drowsiness or dizziness.

If a medication warns you not to operate heavy machinery, this also includes driving a car. Even if a drug doesn’t specifically mention driving, be aware of side effects like drowsiness or dizziness. If you’re unsure how a medication might affect you, it’s always better to avoid driving until you know how the drug affects you. Remember, you can be charged with DWI if you’re impaired while driving, regardless of whether the impairing substance was prescribed, over-the-counter, or illegal.

How Do Over-The-Counter Drugs Affect Reaction Times and Judgment?

One of the main ways that OTC drugs can impact driving is by affecting your reaction time, concentration, and judgment.

• Impaired Reaction Time: Many OTC drugs can cause drowsiness, making it difficult for drivers to react quickly. This can be dangerous in situations that require quick decision-making, such as merging onto a busy highway or responding to a person crossing the street.
• Reduced Concentration: Some OTC medications can make it hard to concentrate or focus. This can result in drivers missing traffic signals, warning signs, or failing to notice other vehicles or hazards on the road.
• Altered Judgment: Some medications can make you feel overly relaxed or confident, which can cause you to take risks that you might not take when not under the influence of these drugs.
• Blurred Vision: Some OTC drugs can affect your vision, which can be dangerous when you’re driving at night or in poor weather conditions.
• Coordination Problems: OTC medications can also affect your coordination and affect your ability to steer, brake, or accelerate properly.

The effects of OTC drugs can vary widely depending on the medication, the dosage, the person taking the medication, and whether the drug is taken with alcohol or other substances. If you’re planning to drive, be sure to read the labels of any OTC medications you’re taking. You should pay attention to warnings related to drowsiness or impaired driving. It’s best to avoid driving until you know how you react to the drug.

The Importance of Knowing if the At-Fault Driver Was Impaired by OTC Medication

Understanding the influence of OTC drugs on the at-fault driver is important for several reasons:

Liability and Compensation: Proving the at-fault driver was impaired by OTC drugs can strengthen your claim for compensation in a lawsuit or insurance claim.

Severity of Penalties: If the at-fault driver is found to be impaired by OTC drugs, the penalties they face can be more severe. This can include criminal charges, fines, and suspension of their license.

Understanding the Accident: Knowing the at-fault driver was impaired by OTC drugs can help make sense of the circumstances leading up to the accident.

Supporting Future Legislation: Evidence of impaired driving involving OTC drugs can be used to support the development of more effective public awareness campaigns, stricter regulations, and improved labeling of OTC medications.

Protecting Others: Holding drivers accountable for their actions can raise awareness about the dangers of driving under the influence of OTC drugs.

If you’re the victim of an accident, you should consult with an experienced attorney to determine the best course of action for your specific situation. An attorney can help gather evidence, navigate the legal process, and advocate for your best interests.

What Are Symptoms and Signs of Impairment from Over-The-Counter Drugs

Here are some steps that can be taken to prove a driver was impaired by OTC medication and build a strong case:

• Observe and Document: If you suspect that the other driver is impaired, take note of their behavior, appearance, and any signs of intoxication (slurred speech, unsteadiness, confusion, etc.).
• Police Report: When the police arrive at the scene of the accident, share what you’ve seen with the responding officers. If they agree the other driver may be impaired, they will perform field sobriety tests or request a blood or urine test. All of this will be documented in the police report.
• Medical Records: If the at-fault driver is taken to the hospital after the accident, their blood may be tested for drugs, including OTC medications.
• Witness Testimony: Witness observations can help establish the other driver’s impairment. Collect the contact information of witnesses at the scene and ask them to provide statements about what they saw and heard.
• Expert Testimony: Expert witnesses can provide testimony on the effects of specific OTC drugs and how they may have contributed to the at-fault driver’s impairment.
• OTC Medication Evidence: If the at-fault driver had OTC medications in their vehicle, that could be used to support a claim of impairment. However, their presence doesn’t necessarily prove impairment.
• Driver’s Statements: The at-fault driver may admit to taking OTC medications before the accident.
• Surveillance Footage: If the accident occurred near a business or intersection with surveillance cameras, the video footage may show signs of the driver’s impairment prior to the crash.
• Accident Reconstruction: Accident reconstruction experts may be able to analyze the crash scene, vehicle damage, and other evidence to determine if the at-fault driver’s actions were consistent with impairment.

Be sure to consult with a knowledgeable attorney who can help gather evidence to support the claim of impairment due to OTC medication.

The Role of Blood Tests and Drug Recognition Experts in DWI Cases

Blood tests and drug recognition experts (DRE) can be important for your case. A blood test can show the presence and concentration of OTC drugs in the driver’s system. Combined with expert testimony, the results can show a link between the driver’s intoxication and the accident. A positive blood test for OTC medications can result in charging the at-fault driver with driving under the influence (DUI) or a similar offense.

A DRE, usually a law enforcement officer with specialized training, can identify signs of drug impairment in drivers. They use a comprehensive 12-step evaluation process to determine whether a driver is impaired and the likely type of drug causing the impairment. A DRE’s expert testimony in court can help establish that the at-fault driver was impaired by OTC drugs and that this impairment contributed to the accident. Their expertise and credentials lend credibility to your claim that the driver’s impairment caused the crash.

Challenges of Proving a Driver Was Intoxicated with Over-the-Counter Drugs

Unlike alcohol, which has a legally defined impairment limit, there are no established limits for OTC drug impairment. This makes it difficult to prove legal impairment. Assessments by Drug Recognition Experts (DREs), who can help identify drug impairment, are more subjective than alcohol and can be challenged for accuracy and reliability. The effects of OTC drugs on individuals can also vary widely depending on factors like metabolism, body weight, dosage, and interactions with other substances.

In cases where the driver has taken both OTC drugs and alcohol or prescription drugs, it becomes challenging to pinpoint the role the OTC drugs played in the accident. Some drivers may not be aware that OTC drugs can impair their driving ability and may not admit to using them when questioned by law enforcement or medical personnel. OTC drugs affect individuals differently, and not everyone will experience impairment from the same drug or dosage.

Jurors may be less inclined to believe that OTC drugs can cause impairment to the same extent as alcohol or illegal drugs. The defense may argue the OTC drug does not have clear warnings about its potential to impair driving. An experienced DUI accident lawyer will rely on evidence like blood tests, DRE evaluations, expert testimony, and accident reconstruction to build a strong case that the at-fault driver was impaired by OTC drugs and that this impairment contributed to the accident.

How Can I Receive Compensation for Punitive Damages?

Even if it can’t be proven that the at-fault driver was intoxicated with OTC medications, there are still several other options to receive compensation. The focus should be on proving negligence, like demonstrating that the driver was speeding, distracted, or otherwise driving recklessly. Your attorney can gather evidence of your injuries and damages, including medical records and bills, proof of lost wages, and documentation of the impact on your quality of life.

By emphasizing the severity and long-term issues from your injuries, as well as the financial and emotional toll, your attorney can make a case for higher compensation. Investigating other contributing factors, such as poor road conditions or vehicle defects, can identify other liable parties and increase the potential sources of compensation.

Your experienced DUI accident attorney can also hire expert witnesses to provide testimony on the extent of the injuries, future medical costs, and the circumstances of the accident. Their opinions can add credibility to your claim and support your request for increased compensation.

If necessary, the case can go to trial and result in a higher award from a jury.