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Can You Legally Drive While Taking Over-The-Counter Drugs in Louisiana?

Can You Legally Drive While Taking Over-The-Counter Drugs in Louisiana?

June 22, 2023
March 14, 2024

Navigating the Intersection of Over-the-counter Medication and Driving

We've all experienced those moments when a headache or congestion strikes, and we instinctively reach for over-the-counter (OTC) drugs like Sudafed to find relief. However, what happens if you need to get behind the wheel? Are you allowed to drive while under the influence of OTC drugs in Louisiana? 

In this blog post, we will explore the legal implications and provide you with essential information to navigate the question of driving while taking over-the-counter drugs in the state.

Understanding Louisiana's Definition of "Driving Under the Influence"

To begin, it's crucial to grasp the concept of "driving under the influence" (DUI) in Louisiana. 

According to state law, individuals can face charges for operating a vehicle while "under the influence of one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription." This definition encompasses both prescription and over-the-counter drugs, presenting a broad scope for consideration.

Determining Legality: Proper Use and Dosage

While an OTC drug may have the potential to impair your ability to drive, it does not automatically render driving illegal. The key factor lies in whether you are using the medication as directed.

  • If you are taking Sudafed or a similar medication as prescribed or following the instructions on the label, it is generally considered acceptable to drive.

  • However, if you exceed the recommended dosage or misuse the drug in a manner not intended by the manufacturer, you expose yourself to the risk of DUI charges.

Warnings and Precautions: Labels and Potential Impairments

It is essential to pay attention to warnings associated with certain OTC drugs regarding operating heavy machinery or driving while using them. For instance, many cough syrups contain codeine, which can cause drowsiness and impair driving ability. When a drug carries such warnings on its label, it is vital to take them seriously and refrain from driving until you understand how the medication affects you. 

Balancing Responsibility and Awareness

In summary, driving while taking over-the-counter drugs is not automatically illegal in Louisiana. However, it is crucial to exercise common sense and adhere to the instructions on the label. If you have concerns about the potential effects of a particular medication on your driving ability, it is advisable to err on the side of caution and abstain from driving until you have a clear understanding of how the drug influences you. 

Prioritizing responsibility and maintaining awareness allow you to make informed decisions regarding driving while taking OTC drugs. If you are being charged with DUI charges in Louisiana contact one of our criminal defense lawyers at Rozas today!

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Frequetly Asked Questions

Can You Get a DUI Expunged in Louisiana?

Technically no, you cannot get a convicted DUI expunged in Louisiana. However, there are specific situations where you can avoid having it on your record, but you have to meet particular criteria to be eligible. Get in touch with a professional DUI lawyer today and get a criminal defense consultation.

Can You Get a DUI on a Bike?

You cannot get a DUI on a bike because the law applies to people operating a motor vehicle. The penalty for riding a bicycle drunk would be a ticket for public intoxication and possibly not following traffic laws.

How Much Does a DUI Cost in Louisiana?

The initial cost of a DUI can vary depending on the severity and the number of offenses you have accumulated. This is a general overview of what you could pay.

  • First offense - $300 - $1,000
  • Second Offense - $750 - $1,000
  • Third Offense - $2,000
  • Fourth Offense - $5,000

It is important to know that you will be spending more than just this specific fine. You will potentially have to pay for a breathalyzer interlock device in your vehicle, take court-approved substance abuse programs, and more.

What Happens When You Get a DUI in Louisiana?

When you get a DUI, you could face jail time, fines, community service, license suspension, and more, depending on the number of previous offenses. If you are convicted of a DUI in Louisiana, it can stay on your record for the rest of your life. This can affect you negatively when applying for a job, applying for a loan, or purchasing a gun. Your insurance rates may go up.

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