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7 Unexpected DUI Causes

  • Writer: Joshua LeRoy
    Joshua LeRoy
  • Sep 10, 2023
  • 4 min read

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Understanding the complexities of DUI law is essential, especially if you're facing DUI charges in West Palm Beach. To know more about general DUI causes, refer to this Wikipedia page on driving under the influence. This article explores 7 unexpected reasons people end up with DUI charges. Important Tips Related to the Topic:

  • OTC medication may result in a DUI

  • Fatigue can mimic impairment

  • Medical conditions can falsely suggest intoxication

  • Keto diets can affect breathalyzer tests

  • Roadside mouthwash use can result in false positives

  • Allergic reactions can resemble impairment

  • Emotional stress may be misinterpreted as impairment

Unexpected DUI Causes Due to Over-the-Counter Medication Some over-the-counter medications can impair your ability to drive. Ingredients like diphenhydramine, found in allergy meds, can make you drowsy. You might think you're safe because a doctor didn't prescribe the medication, but the effects can be severe. According to Florida Statute 316.193, driving under the influence of any chemical substance is punishable.

  • Read the labels: Manufacturers often include warnings.

  • Consult a pharmacist: They can provide detailed info about potential side effects.

The Impact of Fatigue on Driving Ability

Being too tired can impair your driving almost as much as alcohol or drugs. Symptoms of fatigue, like slow reaction times, can mimic those of being under the influence. Fatigue is a subtle but essential factor that law enforcement might overlook when assessing DUI.

  • Rest before driving: Never underestimate the importance of a good night's sleep.

  • Take breaks: If you're on a long drive, stop for rest periods.

Medical Conditions Misinterpreted as Impairment Conditions like hypoglycemia, stroke, or a seizure can mimic DUI symptoms. Slurred speech, imbalance, and erratic driving might occur due to these conditions, not due to alcohol or drug impairment. If you have a medical condition that can mimic DUI, carry documentation, especially when driving.

  • Medical alert bracelet: These can inform law enforcement immediately.

  • Documentation: Keep medical documents in the car to provide context during a traffic stop.

How the Keto Diet Can Affect a Breathalyzer Test The keto diet can result in a breathalyzer test showing a false positive. When your body is in ketosis, it produces acetone—a type of alcohol. Breathalyzers can't always distinguish between ethanol (drinking alcohol) and acetone.

  • Alert the officer: If you're on keto, inform the law enforcement officer.

  • Request a blood test: These are more accurate than breath tests for keto dieters.

Mouthwash: An Unexpected DUI Contributor Mouthwash contains alcohol and can influence breathalyzer tests. Using mouthwash right before driving can result in a higher BAC reading than is accurate.

  • Check ingredients: Opt for alcohol-free mouthwash if you'll be driving.

  • Timing: Use mouthwash well before you plan to get in the car.

Allergic Reactions That Resemble Impairment Symptoms of allergic reactions like swollen eyes, dizziness, or lethargy can be misinterpreted as signs of intoxication. Always keep antihistamines or an EpiPen in your car, and inform the officer if you're experiencing an allergic reaction.

  • Medical kit: Keep medication and a note explaining your allergy in the glove compartment.

  • Emergency contact: Have an emergency number ready for immediate medical advice.

Emotional Stress Causing Symptoms of Impairment

Stress and emotional upheaval can affect your physical state. Shaking, perspiring, or erratic behavior might be misconstrued as symptoms of DUI. Always pull over and calm down if you find that emotional stress is affecting your driving.

  • Deep breathing: Techniques to calm down can help you if pulled over.

  • Inform the officer: Let them know you're emotionally distressed but not impaired.

Hypothetical Case Imagine you're a keto dieter taking allergy medication before hitting the road. You get pulled over due to erratic driving, which you attribute to fatigue from a long workday. The officer smells the mouthwash you just used and sees your red, allergy-stricken eyes. These multiple factors could result in a DUI charge, even though you're not impaired by alcohol or illegal substances. Having proper documentation and being upfront about these conditions could be critical.

Key Takeaways

  • Over-the-counter medications can result in DUI charges

  • Fatigue and emotional stress can mimic DUI symptoms

  • Medical conditions and specialized diets may give false positives

  • Awareness and proper documentation can help prevent wrongful DUI charges


How LeRoy Law Can Help At LeRoy Law, we understand the distress and complications of facing a DUI charge. Our legal team is ready to meticulously review the unique aspects of your situation to construct a strong defense for you. You don't have to face this ordeal alone; we aim to offer you a tailored approach that best protects your rights and interests. Visit LeRoy Law for legal assistance on DUI cases. FAQ

  1. Can over-the-counter medicine lead to DUI? Yes, some OTC medications contain substances that impair driving, potentially leading to DUI charges.

  2. Can stress be mistaken for DUI? Yes, symptoms of stress like shaking can be misinterpreted as impairment.

  3. Is driving risky if I'm on the keto diet? The diet isn't risky but may produce false positives on breathalyzer tests.

  4. What should I do if I have a medical condition that mimics DUI symptoms? Carry medical documentation and consider wearing a medical alert bracelet.

  5. Can fatigue result in a DUI charge? Extreme fatigue can mimic DUI symptoms like slow reaction times, possibly leading to a DUI charge.

Disclaimer: LeRoy Law tries to ensure the accuracy of this article. However, Florida Statutes change, case law changes, and as such, errors may occur. LeRoy Law assumes no responsibility for any errors or omissions in this article. LeRoy Law encourages you to utilize our links to relevant Florida Statutes. Contact my office at [561.290.2730] if you have any questions or require legal assistance.

 
 
 

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Joshua LeRoy, LeRoy Criminal Law, P.A.

DUI, Marijuana & Felony Criminal Attorney, Joshua LeRoy, Esq. is a veteran Criminal Lawyer, AVVO rated 10.0 in DUI and Traffic, and 10.0 in Criminal Defense. He was selected to the Top 100 National Trial Lawyers, Top 40 under 40 National Trial Lawyers, 10 Best in Customer Satisfaction, and is A/V Rated Preeminent by his peers.

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