
6 dietary supplements that could land you a DUI
So you know better than getting behind the wheel of your car when you’ve had too much to drink. But did you know alcohol is far from the only way to get a DUI? You may be “under the influence” if any illegal drug, prescription medication, or even dietary supplement prevents you from safely operating your vehicle. Here are the supplements criminal defense attorney Jonathan Blecher warns against:
- Kava
- Melatonin
- Ginko Biloba
- Valerian Root
- Passion Flower
- Tryptophan

Kava
Products labeled as a “dietary supplement” in the U.S. are overseen by the FDA, but not as strictly as medicine. This loophole means substances such as extracts from the Piper methysticum plant (marketed as “Kava”) are sold here even while they were once banned from Canada and Europe. Kava is marketed to reduce anxiety and help with sleep. WebMD warns, “‘Driving-under-the-influence’ citations have been issued to people driving erratically after drinking large amounts of kava tea.”
Melatonin
Melatonin is a hormone your body produces to help you sleep. Synthetic melatonin requires a prescription in Japan, Australia, and the U.K. But it’s available over the counter in the U.S. Obviously taking a sleep aid before driving is a bad idea, but taking too much melatonin at night can also make you drowsy during the next day.
Ginko Biloba
This is a divisive supplement. It originated in ancient China, and some studies show that it’s antioxidant properties may slow certain age-related diseases such as dementia, glaucoma, blood pressure, or other issues such as tinnitus or leg pain caused by narrowing arteries. Not every study agrees. WebMD warns side effects can include headaches or dizziness and it isn’t a safe supplement if you have epilepsy or another seizure condition.
Valerian Root
The root of Valeriana officinalis is an herbal sleep aid that dates back to Ancient Greece. London doctors later prescribed it to manage anxiety caused by WWII air raids. Today, many folks take this dietary supplement to manage anxiety or help fall asleep. But again, high doses may make it difficult to stay awake and alert behind the wheel.
Passionflower
Passionflower is another dietary supplement that people may choose to take for anxiety, insomnia, stress, ADHD, and pain management. Chefs even add it to certain foods for flavoring. As a sleep aid specifically, it’s said to increase the total amount of time asleep. But WebMD warns that side effects could include “drowsiness, dizziness, and confusion.” So it’s best not to mix passionflower and driving.
Tryptophan
Tryptophan is another supplement often taken as a sleep aid. It’s a protein and especially common in meats, dairy products, eggs, and many other foods. Because of turkey meat’s high tryptophan ratio, this protein is often blamed for that unavoidable post-Thanksgiving-dinner nap (though it might just be because of that third helping of grandma’s mashed potatoes). Some people take a tryptophan supplement to boost serotonin production (and thus sleep), if they feel they don’t get enough in their diet. But side effects could include drowsiness, fatigue, dizziness, reduced coordination, and even blurred vision.
Can you get a DUI for a dietary supplement?
If you take a big dose of a sleep aid dietary supplement, then immediately attempt to drive you may get in trouble. If you’re swerving all over the road or crash, police will ask what you’ve taken. The truth is, if you can’t pass a field sobriety test it doesn’t matter what your BAC is or what drugs other tests show. The police officer will testify you were “under the influence” of something and unprepared to drive safely. And if you can’t keep it between the lines or avoid an accident, they’re right. Driving with the wrong cocktail of supplements in your system puts us all at risk.