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Can Over-the-Counter Medication Be a Factor in a DUI Case?

Interviewer: How about cases concerning over-the-counter medications, such as cough medicines or diet pills? Do they ever show up as a factor in DUI cases?

Brian: They can. Cough medicine will show up as far as alcohol goes. Someone would have to consume a lot of cough medicine, liquid cough medicine, to have a high blood alcohol content but it does happen.

The defendant will often say, “I had a cough, I was just taking cough medicine.” Within that cough medicine is alcohol and that can lead to impairment and that can lead to a blood alcohol level test result above prescribed limits.

There are some over-the-counter medications that actually can cause issues in DUI including one type of inhaler; I believe is put out by “Vicks”.

Read Your Labels: There Is an Over-the Counter Medication That Contains Methamphetamine

This inhaler, if taken the correct way, can show the presence of methamphetamine in a person’s system. That becomes very problematic because something you can get over-the-counter shows the presence of a drug that is considered very detrimental.

Interviewer: Many over-the-counter drugs contain psuedoephedrine as an ingredient. Will that mimic as methamphetamines?

Brian: It can show up as methamphetamines and amphetamines. I believe it can be determined by whether there is a presence of amphetamines. That would distinguish between whether someone was taking methamphetamine itself or was possibly using one of the inhalers.

That is something that very likely you would need not only a scientist to take the stand as a defense witness, but you would also need to have the client take the stand to explain they did not truly take meth, they used this cold remedy put out by “Vicks”.

Interviewer: I believe NyQuil is pretty popular. There is psuedoephedrine in cough syrups and inhalers such as Primatine Mist.

Brian: More likely, if someone was taking it as directed on the bottle they are not going to have levels high enough to indicate that there is even a presence of the chemical composition to show positive results.

By Brian Douglas Sloan

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Brian Douglas Sloan

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Best DUI Lawyer in Phoenix

Why DUI Attorney Brian Douglas Sloan?

19+

19+ Years SOLELY Focused on DUI Defense

4,200+

4,200+ DUIs Successfully Defended

Top Accolades

  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

  • Top 10 in Arizona

Top 1%

Top One Percent in the Nation

Superb 10/10

AVVO.com

Preeminent
4.9 / 5.0

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“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career SOLELY focused on Arizona DUI Defense Representation, having personally defended more than 4,400 Driving Under the Influence (DUI) clients in the past 19+ years.

If you’re looking for a Divorce Attorney, Tax Attorney, Civil Attorney, etc., I can comfortably say, "I’m not the one for you." I ONLY defend DUI cases in most of Maricopa County, Arizona.

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are "aggressive" or "will fight for you" are a dime a dozen. They use these phrases because it is a proven advertising phrase. Being "aggressive" isn’t the same as being good, and is often used to put on a show to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the Lawyers claiming to do DUI Defense, and Criminal Cases, and Accident Cases, and Divorces, etc. A Jack-of-all-Trades is a master of none! By handling all sorts of cases, they take away from their ability to truly focus on DUIs, and keep up-to-date on the latest changes in DUI Defense Representation.

What I offer is intelligent, quality DUI Defense at an exceptional price. Unlike many other law firms, if you hire The Law Offices of Brian D. Sloan, you actually get me representing you, doing all the work, and working the case. You aren’t hiring one guy with all the experience, but getting the underling with very little knowledge or experience.

I work seven days a week on my client’s cases, and spend hours laying all my thoughts out for my clients in writing, so they can understand their options, and my recommendations. No other DUI Lawyer in the state does this. I try to do what I can to go above-and-beyond for my clients. I hate when the businesses I deal with nickel-and-dime me with hidden costs, and I take pride in not doing that to my clients.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I have produced DUI Legal Guides used by defense lawyers across Arizona.

I am one of Arizona's most award-winning DUI Defense Lawyers, as well as being recognized nationally. I was the only DUI Defense Lawyer in the United States named a "Power Lawyer" in a 2022 issue of USA Today

There are no other private Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a very reasonable flat rate for my legal services, with a payment plan, and without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being a well-documented and preeminent leader in the field of DUI Defense Representation.

Over the years, countless people have come to me after discovering that their first lawyer made a mistake, gave them false hope or false promises, or simply took their money and didn't do much to advance their case. And you would be surprised at how often this happens.

So, instead of wasting time and money on the wrong DUI Defense Attorney, do yourself a favor and get the proven and well-recognized best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my personal cell phone at 480-720-7839 for a Free ‘In Depth’ Consultation.

I personally defend DUI cases in urban Maricopa County City, Town, and Justice Courts, including:

Ahwatukee / Agua Fria / Arcadia Biltmore / Avondale / Buckeye / Chandler / Country Meadows / Desert Ridge / Dreamy Draw / Downtown / East Mesa / El Centro / Encanto / Gilbert / Glendale / Goodyear / Guadalupe / Highland / Kyrene / Litchfield Park / Maryvale / McDowell Mountain / Mesa / Moon Valley / North Mesa / Peoria / Phoenix / Queen Creek / San Marcos / San Tan / South Mountain / Scottsdale / Tempe / University Lakes / West McDowell / West Mesa / White Tank

For any other Courts in the State of Arizona, including Felony cases, I would recommend my associates on The Arizona DUI Team, whom I work closely with, but I am not the one personally representing the client.


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Brian Douglas Sloan

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