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Over-the-Counter Drug DUI

DUI? Know Your Rights.

When you think of the usual DUI suspects, you may not think about people who take Benadryl. However, some over-the-counter medications like Benadryl can impair your ability to operate a motor vehicle safely, and thus, can qualify you for DUI charges.

If you find yourself in this or a similar situation, contact a Maryland DUI lawyer for immediate help.

Maryland OTC DUI Lawyer

Were You Justly Arrested?

Because the medications you are taking are legal, it seems unlikely a policeman would pull you over for their usage. It’s also fairly unlikely the arresting officer would investigate further unless there were extenuating circumstances surrounding your arrest.

For example, if you were swerving, speeding, crossing over the middle lines, or you didn’t stop at lights or signs, then the arresting officer probably pulled you over for one of those violations. However, if this wasn’t the case, should you have been pulled over in the first place?

During your arrest, were you read your Miranda rights? Were any field tests used during your stop conducted properly, according to code? There are many factors that can lead to your rights being violated at the time of your arrest, so keep in mind the details of your incident. These details are important to helping your over-the-counter DUI lawyer mount an effective defense.

How Can You Get a DUI if the Medications are Legal?

At the end of the day, getting charged with a DUI is about whether or not you were impaired and operating a motor vehicle at the time of your arrest. If you were driving recklessly or violating rules of the road but not impaired, then your charges would be different. However, if the law can prove you are impaired in any capacity, you can end up being charged with a DUI in Maryland.

This is true even if the medication is over-the-counter or a prescription you are allowed to take. Just because you have a prescription for it doesn’t mean you can drive while on it. Check the labels and packaging of all medications you take for the following possible side effects:

  • Drowsiness
  • Dizziness
  • Blurred Vision

Antihistamines, antidiarreals, and anti-emetics can all potentially impair your driving if you experience the side effects which can accompany them.

Attorney Albers Can Help You With DUI Charges in Maryland

If you’re facing DUI charges for any type of medication, then call on Albers & Associates.

If you would like more information on how we can help you, give us a call today for a free consultation.


Will I Lose My License?

You might. Depending on the type of license you have and whether or not you are convicted, your license may be suspended or even revoked depending on the circumstances of your charges. However, even being charged with a DUI can result in the suspension of your license, which can affect your life substantially.

Will I Lose My Job?

It depends on your job. At the time of your arrest, the police officer will confiscate your license and provide you with a paper license that you can use until your MVA Hearing. However, for people who hold commercial driver’s licenses, also known as CDLs, this will not replace the license you need to do your job. So, until the charges are cleared, you will not be able to work. Getting on the phone with a lawyer as soon as humanly possible is essential for your continued employment.

Am I Going to Jail?

You might. If you are found guilty of a DUI, particularly if this is your second or third offense, you may face jail time. One possible outcome of DUI court proceedings, a Probation Before Judgment, can be sought. If you are able to secure a PBJ, you will be able to avoid going to jail.