In light of the fact that this year’s flu is being considered the worst in over a decade, it’s worth knowing that being sick with the flu doesn’t just stink, it could even end up landing you a DUI. Here’s what you should know before you drive while ill, according to a top San Marcos DUI lawyer.
First off, being sick alone probably won’t land you with a DUI, so you don’t need to be overly paranoid. That being said, it’s possible a set of unfortunate circumstances could all pile together and, combined, they could result in a DUI arrest and possibly even a conviction if you don’t have the right DUI attorney from Escondido on your side.
It’s all too common for a very sick person, who is likely sleepy and a little spaced out, to drive poorly. In other instances, people will the flu have been known to pull over and vomit right outside their vehicles. If these activities manage to catch the eye of a police officer, the driver could end up getting pulled over. While most people show unmistakable visual symptoms of illness, others just look sloppy, sweaty and a little out-to-lunch, all of which could also be signs of drunkenness. If the officer asks the sick person to perform a field sobriety test, it’s entirely likely she will fail since they are not only subjective, but also designed to evaluate a healthy person who is mentally and physically sound -not someone who is sick.
If the driver is arrested and asked to complete a breathalyzer, this can be a real problem -especially if the driver took some cold or flu medicine that happens to contain alcohol. While you aren’t advised to drive after using these products, most people should still be well under the legal limit if they take only the recommended dosage. Unfortunately, a high fever can make a breathalyzer test turn out falsely high -so a person under the legal limit after using cough syrup could fail just because they have a fever.
Obviously, cases like this are rare, but they have been known to happen. That’s why it is so important to write down every detail from before, during and after your DUI arrest as soon as you can. Every detail (like how recently you took medicine before driving and how high your fever was) can be critical to your Fallbrook DUI lawyer when he builds your case.
If you have been accused of drunk driving, please call (760) 643-4050 to schedule a free initial consultation with experienced Rancho Bernardo drunk driving defense attorney Peter M. Liss.
Creative Commons Image by Sir Sabbhat