Prescription Drugs or Over the Counter Drugs and DUI

Dale: If you take Xanax, the same thing applies. When you return home from work, people are tiredlate in the day. It doesn’t matter what you’re taking. Sometimes an officer will note that the person they pulled over had glassy or bloodshot eyes and the person acted lethargic. Those symptoms will be noted as a sign of impairment, when actually it’s a sign of being exhausted.

Interviewer: I imagine that even over-the-counter drugs, such as cough syrup, can cause tiredness and have an effect on your ability to operate a motor vehicle.

Dale: That’s true because it’s considered operating a vehicle impaired. Now the statute does indicate under the influence of alcohol or a dangerous drug. A dangerous drug is any drug that’sprescribed. But does that category widen to over-the-counter drugs? Legally, it’s a gray area.