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Yes, you can be charged with impaired driving in the US after taking a legal medicine, whether it was prescribed or bought over the counter. State impaired-driving laws cover being impaired by drugs, not just alcohol and illegal drugs. Having a prescription does not make impaired driving legal. The practical rule from state driver manuals: read the label, ask your doctor or pharmacist about driving, and never mix medicine with alcohol.
What state driver manuals say
- New York: many prescription and over-the-counter medicines can affect your driving, with effects similar to alcohol or worse. It can be a criminal offense to drive while impaired by some prescription drugs. New York’s charges include driving while ability impaired by a drug (DWAI-drug).
- Wisconsin: it is illegal to drive under the influence of any drugs, including prescription and non-prescription drugs. If the label says not to operate heavy machinery, that warning applies to driving.
- Alabama: some allergy remedies and cold pills you can buy without a prescription contain codeine, alcohol, antihistamines or bromides, and each can affect your driving. Ask your doctor about side effects that relate to driving.
Medicines to check before you drive
This table lists types of medicine that the manuals name, or that commonly carry drowsiness warnings. Whether your medicine affects you is a question for your doctor or pharmacist.
| Type | Why it matters for driving | What to do |
|---|---|---|
| Antihistamines (allergy, cold and some sleep products) | Alabama’s manual says they can cause inattention, confusion and drowsiness | Check the label for a drowsiness warning; ask a pharmacist about non-drowsy options |
| Cold and cough remedies | Some contain alcohol or codeine | Read the ingredients; never drink alcohol with them |
| Sleep aids and sedatives | Alabama’s manual says excessive use can produce symptoms like alcohol intoxication | Ask how long to wait before driving the next morning |
| Opioid pain medicines | Prescription drugs can impair driving, and New York lists DWAI-drug among its charges | Ask your doctor whether you should drive at all while taking them |
| ADHD stimulant medicines | Prescribed medicine is still covered by impaired-driving laws if it impairs you | Take it exactly as prescribed, and ask your doctor how it affects driving for you |
Alcohol plus medicine
New York’s manual says to never drink alcohol while taking other drugs, because each can strengthen the effects of the other. Its example: one drink while using a cold remedy could affect you as much as several drinks.
Under 21: zero tolerance and drugs
- Zero tolerance laws for drivers under 21 are about alcohol, with very low limits. In New York, a BAC from .02 to .07 means a six-month suspension for a driver under 21. Wisconsin sets the limit for drivers under 21 at 0.00%.
- Drug impairment is handled under each state’s impaired-driving law, whatever your age. In New York, a conviction for any alcohol or drug-related violation while under 21 means at least a one-year revocation.
More: zero tolerance laws for drivers under 21.
Medical marijuana cards
A medical marijuana card does not protect you from an impaired-driving charge. New York’s manual lists marijuana and cannabis among the drugs that can lead to an impaired-driving offense. The full picture is in drugged driving and cannabis.
A before-you-drive checklist
- Read the label for warnings about drowsiness, machinery or driving.
- If you are unsure, ask your doctor or pharmacist about driving on this medicine.
- Be extra careful with a new medicine or a new dose until you know how it affects you.
- Don’t drink any alcohol.
- If you feel drowsy, slow or foggy, don’t drive. Ask someone else to drive, or wait.
If a condition you are treated for affects driving, your state may also have licensing rules: see the US guide to driving with a medical condition or disability, epilepsy rules by state and diabetes and your license.
Sources
- New York DMV, “Driver’s Manual: Alcohol and Other Drugs” (dmv.ny.gov)
- Wisconsin DMV, “Motorists’ Handbook: Alcohol, Drugs and Driving” (wisconsindot.gov)
- Alabama Law Enforcement Agency, “Alabama Driver Manual: Drugs” (alea.gov)