You were arrested for DUI/DWI after a breathalyzer test showed you had a .09% blood alcohol concentration (BAC). You were taking over-the-counter medications at the time because of a cold. Could these have affected your breath test?
In some cases, yes, as we discuss below.
1. Do medications cause an increase in BAC?
Some medications may affect your BAC levels. In particular, some may make it seem like you have a higher BAC than you actually do.1
Examples of these medications include:
- aspirin,
- some antibiotics,
- some asthma medications and inhalers, and
- oral gels containing Anbesol.2
Alcohol-containing Medications
Note that there are other medications and matters which on their own contain alcohol. Ingestion of these could lead to a false positive on a breath test. Examples include:
- OTC cold medicines (for example, Nyquil and Vicks products),
- mouthwashes (where many do contain ethanol),
- breath sprays, and
- sleep aids.3
Medications that Cause Symptoms of Inebriation
There are still other medications that cause side effects that may suggest alcohol intoxication. Such side effects are drowsiness, sedation, and decreased motor skills. Examples of such medications include:
- antihistamines,
- sedative agents,
- muscle relaxants, and
- certain ADHD and anxiety medications.4
2. Do other factors affect BAC?
Yes. There are several other factors that can affect blood alcohol levels and breath test results following a stop for drunk driving. These are:
- gender – alcohol metabolism is generally faster in men than women,
- diet – you will feel the effects of drinking alcohol more quickly if did not eat anything before alcohol consumption,
- weight – generally, blood alcohol levels will decrease as a person’s weight increases, and
- rate of alcohol consumption – drinking large amounts of alcohol in a short period of time typically results in higher BAC rate than when drinking is spread out over a longer period of time.5
3. Are there BAC tests for personal use?
There are portable alcohol testers that you can purchase for personal use. So, for example, if you go out and have 4 glasses of wine in two hours, you can use the portable tester to gauge your blood alcohol concentration.
Please keep in mind, though, that these testers are not as reliable as the ones used by police to determine your use of alcohol and its effect on your body.
Still, you can use them to gather useful baseline information regarding your personal blood alcohol levels.
4. Can I do anything to lower my BAC?
Not really, no. There are no sure-fire ways to speed up your body’s metabolism of alcohol.
The passage of time is really the only true way to help lower your alcohol levels. In general, the more you drink, the more time your body needs to process the alcohol from your system.
5. Can my BAC levels impact a DUI case?
They can, yes. All states have a “per se” legal limit when it comes to driving while intoxicated.
In 49 states of the U.S., the per se legal limit is .08%. This means you can get arrested for DUI if your blood alcohol concentration is .08% or greater. Note that Utah is the only state where the per se legal limit is .05%.6
Excessive Blood Alcohol Concentration
Your penalties for DUI can grow harsher if you are arrested for drunk driving with “excessive” BAC levels.
For example, California law says that an excessive blood alcohol content is one at .15% or higher. If you are arrested for DUI with a BAC at these levels, you will receive steeper DUI penalties (in comparison to cases where your BAC was under .15%).7
In contrast, Idaho law says that an excessive blood alcohol content is one at .20% or higher. You will receive harsher DUI penalties then with a BAC at these levels.8
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Effect of Common Over-the-Counter Medications on Blood Alcohol Levels – Annals of Pharmacotherapy.
- Blood alcohol concentrations rise rapidly and dramatically after Roux-en-Y gastric bypass – Surgery for Obesity and Related Diseases.
- Effect of Concentration of Ingested Ethanol on Blood Alcohol Levels – Alcohol Clinical & Experimental Research.
- Alcohol Drinking and Blood Alcohol Concentration Revisited – Alcohol Clinical & Experimental Research.
- Untreated HIV Infection Is Associated With Higher Blood Alcohol Levels – JAIDS Journal of Acquired Immune Deficiency Syndromes.
Legal References:
- Ron Weathermon, Pharm.D., and David W. Crabb, M.D, “Alcohol and Medication Interactions,” Alcohol Research and Health (Vol. 23, No. 1, 1999).
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- See Stanford University website, “What is BAC?” This web page lists a few other factors that may affect a person’s BAC, including loner periods of time for which drinks are consumed, enzyme production, and drug interactions involving medical conditions.
- See Utah Traffic Code 41-6a-502.
- See California Vehicle Code 23578 VC.
- See Idaho Motor Vehicles Statutes 18-8005.