Most people think a DUI in South Carolina only happens when someone’s had too much to drink. But that is not true. State law covers any substance that can impair your ability to drive safely, including prescription medication and over-the-counter drugs.
That means you could be pulled over and still end up in handcuffs for driving under the influence without even touching alcohol. This comes as a surprise to many, especially those who were following the doctor’s orders.
Let’s look at what happens when your DUI involves prescription or over-the-counter drugs, and what you can do if you find yourself facing this type of charge.
What Is South Carolina’s DUI Law?
Under South Carolina Code §56-5-2930, it is illegal to drive while “under the influence of alcohol, drugs, or any combination of those substances” if it impairs your ability to drive safely. With that, it does not matter if the drug was legal or prescribed.
If your medication affects your alertness, coordination, or reaction time, a police officer can determine that you are impaired. If your driving showed you were not fully in control, you could be arrested.
Some people can be charged with DUI after taking sleep aids, anti-anxiety medications, painkillers, antihistamines, or cold medicine. These drugs can cause drowsiness, dizziness, or slow reaction times. All those symptoms can look a lot like alcohol intoxication behind the wheel.
What Medications Can Trigger a DUI
South Carolina officers are trained to watch for certain medications that may cause impairment. Some of the most common include:
- Prescription painkillers like hydrocodone, oxycodone, or tramadol
- Benzodiazepines, such as Xanax, Valium, or Ativan
- Muscle relaxants like Soma or Flexeril
- Antidepressants or sleep medications, such as Ambien
- Cough or cold medicine with codeine
- Over-the-counter antihistamines, including Benadryl or NyQuil
Even though these are legal to take, driving under their influence can still lead to a DUI arrest if an officer believes your ability to operate a vehicle was affected.
If you are prescribed medication, talk to your doctor about side effects, especially anything that says, “do not operate heavy machinery.” You may want to find out if there’s a safer alternative or if timing your doses differently can help.
How Does an Officer Prove Impairment Without Alcohol?
Since there is no breath test for most drugs, police rely on observations and blood or urine tests. But these tests are not always accurate. Some medications stay in your system long after their effects wear off. In that case, a blood test might show the presence of a drug that is not even affecting you anymore.
This is where you need an experienced DUI attorney. They can question the reliability of the testing, the officer’s training, or whether your medication dosage was within normal therapeutic levels.
In South Carolina, the prosecution must prove actual impairment, not just the presence of drugs in your system. That distinction can make or break a case.
What Are the Penalties and Consequences?
A prescription drug DUI carries the same penalties as an alcohol-related one. That includes:
- Fines and court costs
- License suspension
- Probation or community service
- Possible jail time
- Mandatory drug and alcohol programs
And like any DUI, it goes on your criminal record. Unfortunately, that can affect your job, insurance rates, and reputation. Even for a first offense, you could face up to 30 days in jail and a six-month license suspension.
Protecting Yourself After a Charge
Prescription and over-the-counter medications can help you live your life. However, when you are behind the wheel, they can also lead to serious legal trouble if you are not careful. South Carolina law treats “drugged driving” the same as drunk driving.
Now that you know what happens when your DUI involves prescription or over-the-counter drugs, you can take steps to stay safe. But if you do find yourself facing a DUI related to prescription drugs, you will want to get experienced legal help right away. At Truslow & Truslow PA, we can assist with your criminal case to determine the best course of action. Schedule a consultation today.