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Can Herbal Supplements Make You an Impaired Driver?
If you are taken into police custody and charged with driving under the influence (DUI) – for any reason whatsoever – in or near San Bernardino County, you must contact the offices of a San Bernardino County DUI defense attorney at the first possible opportunity.
As you may know, it is against the law in California to drive a vehicle while you are under the influence of alcohol or any other intoxicating drug, whether or not that drug is legal and whether or not you have a prescription for the drug.
But can you be charged with driving under the influence if you’re using dietary supplements such as vitamins and natural herbs? Particular herbs, herbal teas, and other supplements can induce drowsiness and may make it difficult to concentrate on driving.
Which Herbs and Supplements are Known to Induce Drowsiness?
Popular herbs and other dietary supplements that can make you inattentive or sleepy can be purchased at most “natural” food stores and supermarkets and even at Walgreens or through Amazon. These include:
- Kava
- Melatonin
- Valerian Root
- Passion Flower
- Ginkgo Biloba
- Tryptophan
The use of herbal supplements is most prevalent among people with chronic diseases such as diabetes, asthma, kidney disease, and cancer. These supplements are natural and drug-free, so they may not be detected by a blood or urine test.
Nevertheless, if you are prosecuted for DUI in California, a prosecutor may contend that because these substances are well-known to induce drowsiness, you should be held accountable for driving under the influence.
How Do Herbal Supplements Change Blood Alcohol Concentration (BAC) Levels?
Many herbal supplements use ethyl alcohol as a preservative. The supplements that contain ethyl alcohol are usually taken in tincture form. Tinctures are made by dissolving an herbal supplement in ethyl alcohol.
Two of the common supplements usually taken in tincture form are kava and ginseng. Tinctures may be applied to the skin or consumed orally. Cannabis tinctures, for example, are typically used orally but may also be applied to the skin.
Tinctures and other dietary supplements use only a tiny amount of ethyl alcohol, but it may be just enough to make you sleepy or to increase your blood alcohol concentration level. Kombucha tea, for example, includes enough alcohol to register on a breathalyzer test.
What Else Should You Know About Herbal Supplements?
It’s best to consult your doctor before using any herbal supplements. Herbal supplements may interact with medicines you’re taking and should be avoided if you are breastfeeding or pregnant. After consulting your doctor, adhere to these suggestions for taking herbal supplements safely:
- Read and follow carefully the instructions on the label.
- Use only the recommended dosage.
- Stop using the supplement if you find it’s not effective.
Can You Be Convicted of DUI for Using Herbal Supplements?
In California, if your driving ability is impaired by the use of an herbal supplement, you could be convicted of DUI, and your sentence will depend on the particulars of the DUI incident and whether you have prior convictions. For a first offense, the possible penalties include:
- a costly fine
- a driver’s license suspension
- mandatory attendance at DUI classes for up to nine months
- three to five years on probation
- up to six months in jail
How Will a DUI Attorney Defend You?
Your San Bernardino County DUI defense lawyer will work to have the DUI charge dropped by the prosecutor or will petition the court to dismiss the case if:
- You were pulled over by the police with no reasonable suspicion or probable cause.
- The evidence against you was unlawfully obtained.
- The case against you has significant flaws or weaknesses.
Could You Be Offered a Plea Bargain?
If the charge isn’t dropped and the case isn’t dismissed, you may be offered a plea bargain. Before you reject or accept a plea deal, discuss the details of the offer with your San Bernardino County DUI defense attorney.
A plea bargain typically requires the defendant to enter a guilty plea to a reduced or lesser charge. In exchange for that guilty plea, the prosecution offers an alternative or reduced sentence, and in some cases, may offer to eliminate the possibility of time in jail.
Not all DUI defendants are offered plea deals, and accepting a plea bargain, in your particular case, may or may not be the best decision. In consultation with your attorney, carefully consider the details of any plea bargain offer.
When Do DUI Cases Go to Trial?
Of course, if you believe you’re innocent, you should not accept a plea deal. You have the right to a jury trial. If you’re not guilty, that’s how you should plead, and the right defense attorney will fight for you aggressively and effectively at trial.
Your lawyer will cast doubt on the prosecution’s case, explain to the jurors why you are innocent of the charge, and ask the jurors to find you not guilty. If the jurors nevertheless find you guilty, your attorney will explain to the judge why probation – and not jail – is the appropriate penalty.
When deciding if a particular convicted DUI offender should be sentenced to probation or jail, judges consider:
- the details and severity of the DUI incident
- whether the offender caused an accident or injury
- whether the offender has previous DUI convictions or other convictions
- the extent of the offender’s alcohol abuse or dependency
Take Your DUI Case to Patrick Silva, Attorneys at Law
For more than a dozen years, San Bernardino County DUI defense lawyer Patrick Silva has defended those accused of DUI. If you’re charged with DUI, now or in the future, Patrick Silva, Attorneys at Law provides your initial legal consultation without cost or obligation.
Attorney Patrick Silva is certified in Standardized Field Sobriety Tests (SFST). He has completed extensive training under guidelines established by the National Highway Traffic Safety Administration, and he is a member of the California DUI Lawyers Association as well as the National College for DUI Defense.
Attorney Patrick Silva knows how to defend you aggressively and effectively against a DUI charge and bring your case to its best possible resolution. If you are charged with DUI, schedule your free consultation immediately by calling Patrick Silva, Attorneys at Law, at 909-500-4819.
