You can get hit with a DUI even if you blow a 0.0 BAC
Many Texans still remember the headline-grabbing legal battle: Austin police pulled a man over for running a stop sign. They insisted was drunk, he insisted he wasn’t. They arrested him anyway. A breathalyzer test showed his BAC at 0.0%. He insisted on a more accurate blood test. It also came back negative. He spent the night in jail anyway. And he spent the next year in court, fighting to clear his DWI charges. And fighting a DUI could be even harder.
The Texas man was able to finally clear his record of the DWI. But most states have replaced DWI charges with DUIs. Driving Under the Influence covers alcohol, as well as a variety of substances. It doesn’t matter if you blow a 0.0% BAC on a breathalyzer test–you can get a DUI anyway. If police can prove you were “inebriated” with something, you’ll have a hard time clearing your name.
What non-alcoholic substances can land you a DUI?
You can get a DUI for a huge range of intoxicants. Substances that could render you incapable of operating a motor vehicle range from recreational drugs such as alcohol to prescription medications. You know how pain killers and sleep medications warn against operating heavy machinery? Well your car is heavy machinery.
The major categories of prescription medications that could land you a DUI–even with a 0.0 BAC–include painkillers, antidepressants, muscle relaxants, and anxiety medications.
You might be a bit more surprised at the over-the-counter medications that could land you a DUI. This will depend on your unique reaction to these medications. But experts warn about certain anti-diarrheal medications, antihistamines, cough medicines, and even motion sickness drugs. Anything that makes you feel drowsy or dizzy doesn’t mix well with driving.
Another major class of “drugs” are labeled as dietary supplements. Certain supplements could land you a DUI. Anti-anxiety supplements and sleep aids are the main suspects here. Those might include Kava, Melatonin, Valerian Root, Passionflower, and Tryptophan. Yes, drivers have gotten DUIs for large amounts of Kava tea. Another culprit is any supplement that could lead to dizziness, such as Ginko Biloba.
How do you get a DUI with a 0.0 BAC?
If police observe you driving erratically, they have all the evidence they need to arrest you on suspicion of a DUI. So what about proving you’re “under the influence?” Saliva and blood tests can detect a wide range of recreational and prescription medications. In addition, officers are trained to administer field sobriety tests to judge whether you’re safe to drive. At the end of the day, it doesn’t matter what substance made you unsafe to slide behind the wheel.
See one driver’s story about being arrested on suspicion of smoking marijuana and spending the night in jail in the video embedded below: