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Many people don’t realize that a DUI in Arizona doesn’t just involve alcohol or illegal drugs. If you’re pulled over after taking over-the-counter or prescription cold medicine like NyQuil, ZzzQuil, or codeine-based cough syrups, you could still face DUI charges.
Even legally purchased or prescribed medication can impair your driving ability enough to lead to an arrest.
Under Arizona law, any substance that affects your mental or physical faculties, including medicines meant to treat cold or flu symptoms, can be grounds for a DUI charge. This means that a person can be charged with a DUI even without alcohol or illegal drugs in their system. If the prescription medication you took caused drowsiness, slowed motor skills, or delayed reaction time, you might be considered legally impaired behind the wheel.
This article will cover the following subtopics:
- How Arizona DUI Law Applies to Cold Medicine and Cough Syrup
- Common Medications That Can Lead to a DUI
- What Law Enforcement Looks for in a DUI Drug Arrest
- What Are the Penalties for a DUI Involving Cough Syrup?
- Real-World Example: DUI Charge After Using Cold Medicine
- Defenses to a DUI Charge Involving Legal Medicine
- 5 FAQs About Prescription Drug DUIs in Arizona
- Important Things to Remember
- How Shah Law Can Help You Fight a Drug-Related DUI Charge
This article will explain Arizona law regarding DUIs involving cough medicine, how impairment is determined, the penalties involved, and how an experienced DUI defense attorney like Arja Shah can help you fight these charges.
How Arizona DUI Law Applies to Cold Medicine and Cough Syrup
Under Arizona Revised Statutes § 28-1381(A)(1) and (A)(3), a person can be charged with DUI if they are:
- Impaired to the slightest degree while driving, or
- Have any drug or its metabolite in their system as defined in ARS § 13-3401.
This includes prescription drugs, over-the-counter cough suppressants, and even sedating antihistamines.
Even if you had a valid prescription or used the medicine as directed, Arizona law does not excuse impaired driving. It’s not enough to argue that the drug was legal or commonly used; you could still face DUI charges under the laws in Arizona. If it causes impairment that affects your ability to drive, it may result in a DUI charge.
These laws are especially strict in Arizona, which is known for having some of the toughest DUI laws in the United States. Whether you took codeine cough syrup for bronchitis or NyQuil to get through a bad cold, the consequences can be just as serious as driving drunk.
Common Medications That Can Lead to a DUI
Many people are surprised to learn that common household medicines, including prescription medication, can cause enough impairment to trigger a DUI in Arizona. Here are a few examples:
- NyQuil and ZzzQuil: These contain doxylamine or diphenhydramine, which can cause drowsiness, dizziness, and delayed reaction times.
- Codeine-based cough syrups: Even with a prescription, codeine is an opioid and a controlled substance that can impair your thinking and motor skills.
- Cold medicine and antibiotics: While antibiotics may not impair directly, some combinations or side effects (especially when taken with antihistamines) may lead to unintended drowsiness.
Arizona law doesn’t require proof that you were intending to drive impaired. If the medicine caused symptoms that affected your driving abilities, such as slowed reflexes, difficulty focusing, or even falling asleep at the wheel, that can be enough to justify a DUI arrest.
If you take any medicine before getting behind the wheel, always read the warning label. Many clearly state not to operate heavy machinery, including driving a car.
What Law Enforcement Looks for in a DUI Drug Arrest
When you’re pulled over for suspected DUI, officers will often look for signs of physical or mental impairment. For drivers who haven’t consumed alcohol, they may begin to suspect a drug DUI, especially if their behavior or physical condition seems unusual.
Here’s what officers may assess:
- Bloodshot eyes or sluggish movements
- Confused speech or inability to follow directions
- Odor of medicine or signs of being overly tired
- Erratic or unsafe driving, such as swerving or delayed reaction at signals
- Poor performance on field sobriety tests
You may be asked to undergo a blood draw or urine test to check for substances in your system. If results show a drug (like codeine) and you’re exhibiting signs of impairment, you may be arrested for DUI for driving, even with a legal prescription.
The arrest process often leads to immediate consequences, such as license suspension or mandatory court appearances. That’s why it’s important to speak with an experienced DUI defense attorney as soon as possible.
What Are the Penalties for a DUI Involving Cough Syrup?
Penalties for a DUI involving cold medicine or cough syrup are similar to other DUI charges in Arizona. The key factor in DUI laws in Arizona is whether you were impaired, and if this is your first offense or if you have prior DUI convictions.
》First-time DUI involving medicine:
- 10 consecutive days in jail (minimum)
- Fines and assessments totaling over $1,500
- License suspension for 90 days
- Mandatory drug/alcohol education programs
- Possible installation of an ignition interlock device
》Aggravated or extreme DUI (e.g., prior DUI, minor in car, suspended license):
- 30+ days in jail
- Thousands in fines may be imposed if you are convicted of a DUI for driving under the influence of prescription medication.
- Long-term license revocation
- Mandatory substance abuse treatment
- Felony criminal record
Real-World Example: DUI Charge After Using Cold Medicine
A Tempe resident took NyQuil for flu symptoms one evening and drove the next morning feeling drowsy. While she believed the medicine had worn off, she was pulled over for driving erratically on the Loop 202. After failing a field sobriety test and admitting to using cold medicine, she was charged with a DUI.
In another case, a man with a valid prescription for codeine cough syrup was stopped on I-17. Though he passed a breathalyzer, his sluggish responses and poor coordination led to a blood draw, resulting in potential jail time for DUI. The lab confirmed active opioids in his system, and he was charged with driving under the influence of a prescription drug.
These examples show how even legal medicine can result in a DUI charge under Arizona law if it impairs your ability to drive safely.
Defenses to a DUI Charge Involving Legal Medicine
If you’ve been charged with a DUI after using cold medicine or cough syrup, a skilled attorney can help build a strong defense. At Shah Law Firm, attorney Arja Shah has over 3,000 successful case victories and years of experience handling complex and difficult aggravated DUI cases. Possible defenses may include:
- Lack of Impairment: Simply having a substance in your system does not prove you were impaired. Objective proof of impairment must be shown.
- Legal Prescription: You had a valid, legal prescription and took the medication as directed. While not a complete defense, this can support arguments against intent or recklessness.
- Unlawful Stop: If the officer did not have reasonable suspicion to initiate a traffic stop, any evidence gathered afterward may be suppressed.
- Improper Field Sobriety Test Administration: Mistakes in how tests were given or interpreted may cast doubt on the prosecution’s case.
- Blood Sample Contamination or Delay: If the sample was mishandled or delayed, the accuracy of your test results may be challenged.
Arja Shah knows the science behind DUI drug charges and has built a strong reputation for challenging unreliable test methods and unlawful police procedures.
5 FAQs About Prescription Drug DUIs in Arizona
⑴ Can I get a DUI for driving if I took cough medicine the night before?
Yes, if the medication was still affecting your ability to drive the next day, you could be charged with a DUI.
⑵ Does a legal prescription protect me from DUI charges?
Not entirely. You can still get a DUI for driving if the medication caused impairment, even if you had a prescription.
⑶ What if I didn’t know the medicine would impair me?
While a lack of knowledge may help in mitigation, it does not eliminate criminal liability. However, an attorney can argue that you lacked the intent to drive impaired.
⑷ How can I fight a DUI if it involved over-the-counter drugs?
A DUI defense attorney can challenge the basis of the traffic stop, field sobriety tests, and toxicology results.
⑸ Will I lose my license if convicted?
Yes. Even a first-time offense involving medication can result in a license suspension.
Important Things to Remember
- DUI laws in Arizona apply to alcohol, illegal drugs, and prescription medication.
- You can be charged with a DUI even if you took medicine like NyQuil or codeine.
- Impairment “to the slightest degree” is enough for a DUI charge.
- A legal prescription is not a complete defense to DUI.
- Experienced legal help is critical to challenging these types of charges.
How Shah Law Can Help You Fight a Drug-Related DUI Charge
With nearly 20 years of experience and over 3,000 successful cases, Arja understands the science, the law, and the strategies needed to defend against DUI charges. She will carefully review your case, identify weaknesses in the prosecution’s evidence, and advocate fiercely for a reduction or dismissal of charges.
Clients consistently praise Arja’s commitment, compassion, and sharp legal mind — especially in cases involving cold medicine or prescription drug DUI charges. Whether your arrest happened in Phoenix, Scottsdale, Mesa, or Tempe, the Shah Law Firm is ready to defend you.
Call (602) 560-7408 today or visit https://arjashahlaw.com. Contact us to schedule your free, one-on-one consultation with an experienced DUI attorney.
