Question: My boyfriend got arrested for DUI in Forsyth County. He was coming home from a concert at Verizon Wireless Amphitheatre at Encore Park and stopped for some drinks at Norman's Landing and a couple of places at The Collection shopping center where he had a few drinks.
He refused to take all tests on the street but he took the breath test at the jail. The breath test was pretty high, something like .17. But he told the Forsyth deputy that he had a really bad cold and cough and was taking cold medicine that was very powerful. He told the cop that he was taking a lot of Robitussin Peak Cold Cough + Chest Congestion DM, Maximum Strength, Adult. He even gave the police officer the box to show that he had the medicine with him.
We really think this could be a great defense because they don't know if he was drinking alcohol or just a ton of cough medicine. If they buy his story, then he's in the clear, right? Do you think Forsyth will drop the charges?
Answer: There is a major problem with the story. We have researched the medication that your boyfriend is relying on. The difficulty is that Robitussin Peak Cold Cough + Chest Congestion DM, Maximum Strength, Adult, does NOT contain any alcohol. It is, at least according to the manufacturer, alcohol-free. As such, it would not have an impact on the Breathalyzer test he took in Forsyth County.
However, even if it DID contain alcohol, he can still be charged with DUI if his blood-alcohol content was over .08. Prescription drugs and over-the-counter medications, if they impair a driver, can be the cause of a DUI. Many people are arrested every year who are just utilizing prescription medication as directed by a doctor.
If you need to speak with a Forsyth County DUI lawyer, us at 678-215-4106.
We offer clients skilled, aggressive, knowledgeable and experienced Forsyth County representation. We have the real life experience that matters most, having served as a Magistrate Judge, an Assistant Attorney General and as an Assistant County Attorney. Speak to a Cumming and Forsyth DUI lawyer at the Sherman Law Group any time, day or night.