Drug and Prescription Medication DWI in North Carolina

How a drug DWI is charged

DWI in North Carolina covers driving while under the influence of an impairing substance. That includes alcohol, illegal drugs, and prescription or over-the-counter medicine. The State usually tries to prove that the substance appreciably impaired your mental or physical faculties. For a Schedule I controlled substance, the law treats any amount of the drug or its metabolites in the blood or urine as enough.

Under G.S. 20-138.1, being legally entitled to use a drug is not a defense by itself. But a prescription, taken as directed, is part of the picture. So is how the drug affects the body, and when it was taken.

Drug DWI charges can surprise people who have never had trouble with the law. A person who takes a new medicine as directed, or mixes a prescription with a small amount of alcohol, may still be charged. The question in court is what the evidence actually shows about impairment at the time of driving.

Blood and urine tests

Breath tests measure alcohol, not drugs. In a drug DWI case, the officer often asks for blood or urine, sometimes with a search warrant. The sample is sent to a lab.

A lab result can show that a substance was present. It often cannot show when it was taken or whether it caused impairment at the time of driving. Some substances stay in the body long after their effects wear off. We look at how the sample was taken, stored, and tested, and who did the work.

Lab reports in drug cases can be technical. They may list a substance, a level, and the method used. We read them closely and, when it helps, consult a toxicologist or another qualified professional about what the result can and cannot show.

Drug recognition evaluations

Some officers are trained to do a drug recognition evaluation. Under North Carolina’s evidence rules, an officer who holds a current drug recognition certification from the state Department of Health and Human Services may give an opinion on whether a person was impaired, and on the category of substance involved.

That opinion is not a lab result. We compare the officer’s notes with the video and the lab report to see whether they match.

We also look at the officer’s training records and whether the evaluation was done at all, or only in part. An opinion based on missing steps deserves less weight.

Common issues in drug DWI cases

• Was there a legal reason for the stop?
• Did the signs the officer saw come from a drug, or from fatigue, a health condition, or nerves?
• Were the field sobriety tests given correctly?
• Was the blood drawn and handled under the rules?
• Does the lab result say anything about impairment, or only presence?

We investigate rather than process. We don’t accept the police report as fact.

Every case starts with listening. When you call, we ask what happened, where, and when your court date is. Then we explain the next steps in plain words and tell you what we need from you. We return calls promptly and keep you informed as the case moves.

Your license

The civil revocation under G.S. 20-16.5 is triggered by an alcohol test result or a willful refusal. A test that shows only drugs, and no alcohol, does not by itself trigger it. If you refused a test in a drug case, the refusal also brings a separate 12-month DMV revocation under G.S. 20-16.2. A written DMV hearing request must be made before that revocation takes effect, on the 30th calendar day after DMV mails the order. A DWI conviction for any substance brings a revocation, and DMV restores the license only after a certificate of completion under G.S. 20-17.6.

Medicine, health, and signs that look like impairment

Many signs officers list in drug DWI reports have other causes. Red or watery eyes can come from allergies or long hours. Slow speech can come from fatigue or nerves. Poor balance can come from an injury, an inner-ear problem, or age. Some medical conditions, such as diabetes, can produce signs that look like impairment.

We ask about your health, your medicines, and your day before the stop. Records from your doctor or pharmacy may help explain what the officer saw. We tell you honestly whether that evidence helps, and how much.

Talk with us

Bring your citation, your release papers, and a list of every medicine you take, with the prescriptions. Call (336) 281-2008 or request a consultation. We explain our fee in writing before you hire us. Hablamos español.

This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.

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