By Attorney James Czarnecki| Czarnecki & Taylor PLLC| April 7, 2024
Life on probation means living under scrutiny and with restrictions that may not apply to the general population. Using OTC medications with alcohol as an excuse for failing an alcohol test is not only ineffective but could lead to further complications with your probation.
When facing a probation violation, people often resort to offering explanations and excuses. However, it’s important to separate fact from fiction. In this comprehensive guide, we will explore the truth about the Nyquil defense and breathalyzer tests and other common explanations people use to explain a positive alcohol test result on a breathalyzer. By debunking these myths and providing accurate information, we aim to help people make more informed decisions and understand the potential consequences of their actions.
Understanding the Breathalyzer Test
Before delving into specific excuses, it’s crucial to clearly understand how breathalyzer tests work and their purpose in determining blood alcohol content (BAC). A breathalyzer is a portable device used by law enforcement to estimate the amount of alcohol in a person’s system by analyzing their breath. The test measures the concentration of alcohol in the breath and converts it into an estimated BAC level. If the BAC exceeds the legal limit, which is typically 0.08%, the individual may be charged with DUI or face probation violations if it registers a small amount of alcohol.
The “NyQuil Defense” and Its Limitations
The concept of the “Nyquil defense” argues that the consumption of cold medicine, such as Nyquil, is responsible for a positive alcohol test. However, this defense often falls short in the eyes of the law for several reasons.
NyQuil and similar medications contain alcohol, but the amount of alcohol consumed through these medicines is typically not enough to result in a positive breathalyzer test.
Contrary to popular belief, the amount of alcohol in NyQuil or similar medications is relatively low. While some sources suggest alcohol content ranging from 10% to 25%, the recommended dosage is unlikely to cause a significant increase in BAC. In most cases, individuals would need to consume an excessive amount of medication or consume it immediately before taking the breathalyzer test for it to significantly affect the results.
Debunking Common Excuses and Explanations
While some excuses and explanations may hold some truth, it’s important to recognize that judges have likely heard them all. Dishonesty and unsupported defenses can often worsen an individual’s position in court. Let’s debunk some of the most common excuses individuals provide when faced with probation violations or DUI charges.
Excuse #1: “I Was Drinking Cough Syrup”
One of the most common excuses for a positive alcohol test is claiming to have consumed cough syrup. While some cough syrups, such as NyQuil, contain alcohol, the amount required to produce a positive BAC is typically significant. In addition, many probation departments have policies in place that tell you not to use any substance containing alcohol while testing for probation. Therefore, while this defense may be valid theoretically, it is not an excuse for a positive BAC result while on probation and advised not to use it. Most times, using this excuse will not hold up in court and will be considered a violation of probation terms that prohibit alcohol consumption.
While NyQuil and other cold medications contain alcohol, the recommended dosage of these medications rarely causes intoxication or high alcohol reading the next day. When taken as directed, the amount of alcohol consumed is minimal and should not cause a positive breathalyzer test the next morning.
Don’t Blame NyQuil for a Positive Alcohol Test
The fact is that using the “Nyquil defense” for a positive alcohol test during probation is fundamentally flawed because of the minimal alcohol content in such medications. This insight is pivotal for anyone facing a probation violation, underscoring the importance of informed strategies when dealing with the legal implications of probation violations.
Why the Nyquil Defense Won’t Work
For probation, ignorance isn’t bliss. Claiming unawareness of the alcohol content in medicines like NyQuil is often not enough to overturn the decisions made by a probation officer or judge. This is because:
- Responsibility: It is the probationer’s responsibility to avoid ingesting anything that could contain alcohol.
- Label Warnings: Labels on medications clearly state their contents, including any alcohol.
- Alternative Options: There are alcohol-free alternatives for almost every OTC medication. Failure to choose these alternatives can be seen as negligence.
- Judicial Skepticism: Courts view the Nyquil defense with skepticism. The argument that over-the-counter medication led to a positive alcohol test while on probation is not persuasive to most judges, as it’s widely understood that the alcohol content in these medications is minimal.
- Alcohol Content and Dosage: Nyquil and similar medications do contain alcohol, but the quantity is relatively low. To significantly affect one’s Blood Alcohol Content (BAC), an individual would have to consume an impractically large amount of the medicine or ingest it right before a test. This scenario is unlikely and hard to justify.
Probation officers have likely heard the “NyQuil defense” many times and are skeptical of it.
Precautions to Take
To prevent the risk of failing an alcohol test because of OTC medications, consider the following tips:
- Read Labels Carefully: Always check the labels for alcohol content before purchasing OTC medications.
- Consult Your Pharmacist: Speak with your pharmacist about alcohol-free versions of medicines you may need.
- Inform Your Probation Officer: If you’re unsure about a particular medicine, it’s safer to get approval from your probation officer beforehand.
- Keep Documentation: If you’re prescribed a medication by a doctor, keep the prescription note or doctor’s letter as proof in case questions arise.
Seeking Professional Legal Guidance
Navigating the legal complexities of probation violations and DUI charges can be daunting. It’s crucial to seek the help of a skilled attorney who specializes in these areas of law. An experienced lawyer can guide you through the process, analyze the circumstances of your case, and develop a robust defense strategy. By choosing professional legal guidance, you can increase your chances of achieving a favorable outcome.
In this article we provide another in depth discussion regarding the Nyquil defense.
Conclusion
While the NyQuil defense may seem like a plausible explanation for a positive breathalyzer test the alcohol content in cold medications is typically not enough to cause a false positive result. Understanding the limitations of the NyQuil defense and seeking the help of an experienced attorney are crucial steps in navigating probation violations effectively. Remember to consult with a legal professional to protect your rights and ensure the best possible outcome for your case.
For those seeking further advice or facing challenges with probation and drug testing in Michigan, it’s wise to contact Czarnecki & Taylor attorneys for expert guidance. Understanding the intricacies of drug tests, including false positives and the implications of medication use, is essential for safeguarding one’s rights and future.
Contact Us.
If you are facing a probation violation, we can help you. Czarnecki & Taylor’s ability to handle complex cases that require specialized knowledge and experience is hard to beat. Our firm’s impressive track record for success and aggressive Michigan criminal defense is unparalleled for achieving exceptional results.
Czarnecki & Taylor PLLC’s experienced attorneys will handle your case with care and help you through every step of the process. For a free consultation, call us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.