Seasonal illness often creates unexpected problems during traffic stops in South Carolina. You may deal with congestion, allergies or winter cold medications and your body may not function the way it usually does. When an officer starts a driving under the influence (DUI) investigation during the holidays, it helps to understand how these common health issues may influence the evidence the officer collects.
How winter illnesses can look like impairment
Cold and flu symptoms often make roadside field sobriety tests much harder. Congestion, headaches and fatigue can affect your balance and your ability to focus. These physical changes may lead an officer to believe you show signs of impairment.
Officers rely on these tests to look for indicators of alcohol use. If you stumble because you feel lightheaded from the flu or your eyes water because of allergies, an officer may view those symptoms as possible signs of intoxication. South Carolina DUI cases often rely on these observations, so explaining your condition may help provide context for how you performed.
How holiday medications may affect breath tests
Many people use over the counter winter remedies. The challenge is that some products contain alcohol and those ingredients may influence breath test results. If you take these medicines right before driving, the alcohol can linger in your mouth. When you blow into a device soon after, the machine may pick up that raw alcohol and report a reading that does not reflect your actual blood alcohol level.
Common products that may create problems include:
- Liquid cold and cough medicines with alcohol
- Breath sprays or nasal sprays made with an alcohol base
- Cough drops that list alcohol among their ingredients
You may want to note which products you used before the stop. Sharing that information with the officer and your defense lawyer may help explain results that seem unusually high.
The hidden risk of respiratory issues
Sinus infections, asthma and heavy congestion also create challenges during a breath test. The DataMaster device in South Carolina requires a hard and sustained breath. When illness limits how much air you can deliver, the device may not record a sample.
South Carolina law treats an insufficient sample as a “refusal,” and a refusal may trigger an automatic suspension of your driver’s license. This can happen even when you attempt to blow but cannot meet the machine’s demand because of a health issue. Understanding this risk may help you recognize why your illness matters during a DUI investigation.
Why this matters for your defense
South Carolina courts generally look at the totality of the circumstances, which means the entire situation may be relevant. Your medical issues, the medications you used and the winter conditions may affect the officer’s observations and the test results. If illness or asthma influenced your performance or your breath sample, those details may become important when you review and defend your DUI case.
