If you’re using drugs recreationally with someone who appears to suffer an overdose, your first instinct is likely to get them some help. Unfortunately, that can be quickly followed by a second instinct to avoid being caught with illegal drugs.
That second instinct all too often wins out and causes people to leave the scene, hoping that the other person will just “sleep it off” and be okay. Unfortunately, that leads to deaths that could have been prevented if someone had received emergency medical attention.
That’s why states, including Alabama, have some type of Good Samaritan or overdose immunity law that protects those who seek help from facing criminal charges for their personal use of illegal drugs if the evidence is discovered only because they sought help. The requirements for obtaining immunity and the charges for which people can receive immunity vary by state. Let’s look at Alabama law.
When does the law provide immunity?
Alabama law provides immunity from prosecution for any “misdemeanor controlled substance offense” with the exception of driving under the influence of alcohol and/or drugs. It also provides immunity for underage alcohol possession or consumption charges.
To receive that immunity a person must have:
- Reasonably believed that no one else had yet called for help
- Used their real name when they made the report
- Stayed at the scene with the overdose victim until first responders arrived
Unlike some states’ laws, Alabama’s Good Samaritan law doesn’t specifically provide immunity to the person for whom help is sought. However, potentially saving a life has to take precedence over any concern that a person might end up facing a drug charge if they survive their overdose.
When doesn’t the law apply?
Note that the law doesn’t apply to more serious drug-related offenses like trafficking or manufacturing. It also doesn’t apply to non-drug- or alcohol-related offenses if evidence of them is discovered at the scene. It can never hurt, however, to make the case that police only discovered evidence of those crimes because you sought emergency medical aid for someone.
It’s still possible to be arrested if you seek help for someone who’s overdosing – even for offenses covered by the law. Police don’t always know the full story when they arrive at these scenes. If you believe you’ve been wrongly arrested or if you want your “Good Samaritan” act considered if you’re arrested for another offense after you call for help, it’s important to get legal guidance as soon as possible.
