Impairment by alcohol isn’t the only way an individual can be charged with a DWI in North Carolina. A driver can face drugged driving charges if they were impaired by over-the-counter medications or drugs prescribed by a doctor. Notably, the law does not distinguish between alcohol, illegal drugs, or prescription medications. A DWI charge is specifically based on a driver’s impairment, regardless of whether the substance was legal.

Are Prescription Medications an “Impairing Substance?"

In North Carolina, a driver commits the offense of driving while impaired if they have a blood alcohol content of .08% or higher, or they are under the influence of an impairing substance. Specifically, an impairing substance under G.S. § 20-4.01(14)(a) includes alcohol, a controlled substance, or any drug that is capable of impairing a person’s physical or mental faculties.

Certain medications can lead to impairment by causing drowsiness, blurred vision, and dizziness. These drugs can also negatively affect a driver’s ability to safely operate a vehicle by slowing their reaction time. Some common medications that can impair a person’s ability to drive and lead to a DWI for prescription drugs can include:

• Pain medications
• Anxiety medications
• Cough medicine
• Sleep medications
• Antihistimines
• Antidepressants
• Antipsychotic medications
• Muscle relaxants

Establishing impairment by a prescription medication is typically more challenging for the prosecution than proving a per se DWI where a driver was impaired by alcohol. Nevertheless, an officer’s observations of erratic driving, slurred speech, and slowed reaction time in braking or turning can provide crucial evidence of impairment. The prosecution may also call in a Drug Recognition Expert to help prove their case.

While medications cannot be detected by a breathalyzer like alcohol, an officer may obtain a blood sample to show that there was a medication in a driver’s system. An officer might also conduct field sobriety tests if they suspect impairment. However, these tests were not designed to measure impairment by drugs, which makes them less reliable in these cases.

What are the Penalties for a Prescription Medication DWI?

North Carolina law focuses on a driver’s impairment, not the legality of the substance. Accordingly, the penalties for driving while impaired by a prescription medication are just as severe as those for driving while impaired by alcohol.

A DWI for prescription drugs can range from a Level 5 to a Level 1 DWI, based on the facts of the case. The consequences can include jail time, monetary fines, probation, community service, a suspended license, and a permanent criminal record. If there are aggravating factors in the case, such as prior DWIs, the punishment will be more severe. Mitigating factors, such as a clean driving record, can help reduce the penalties that are imposed.

Is Having a Valid Prescription a Defense to a DWI in North Carolina?

Having a valid prescription is not a complete defense against a DWI charge for prescription drugs in North Carolina. G.S. § 20‑138.1 (b) clearly states that it is not a defense to a charge of driving while impaired that an individual was legally entitled to use the substance. But a driver may still be able to use their prescription as part of their defense if it specifies the drug does not cause impairment, and the drug is not on the Schedule I controlled substance list.

If a driver is found guilty of a DWI due to impairment by prescription drugs, a judge may consider a valid prescription to be a “mitigating factor” when determining a sentence. For instance, if a driver found guilty of a DWI for prescription drugs can show they were taking the medication in the correct dosage and using the drug appropriately, the judge may reduce the sentence.

A knowledgeable defense attorney will know how to mount a solid defense in a case involving a DWI for prescription drugs. They may be able to challenge the chemical test results or the outcome of the field sobriety tests. Other defense strategies can include discrediting the officer’s observations and disputing the validity of the traffic stop. Depending on the facts, Constitutional violations may be asserted by the defense to weaken the prosecution’s case, such as illegal search and seizure or an officer’s failure to provide a Miranda warning.

Contact an Experienced North Carolina DWI Attorney

If you were charged with a DWI for prescription drugs in North Carolina, it’s crucial to have a criminal defense attorney by your side who can safeguard your legal rights and fight the charges against you. The Johnston County DWI attorneys at Reece & Reece, Attorneys at Law provide skillful representation to North Carolina drivers for a wide range of DWI matters, including those involving impairment by prescription medications. Call (919) 300-1249 or contact us online to schedule a consultation and learn how we can help.