Carolina Criminal Defense & DUI Lawyer UpdatesYou may not expect prescription medication to expose you to DUI charges. Yet in North Carolina, impairment rather than the legality of the substance or intent to break the law triggers criminal charges. If a prescribed medication impairs your ability to drive, you can be prosecuted under state law. That surprises some folks, who mistakenly believe following “doctor’s orders” and driving is OK.
How North Carolina Defines Prescription Medication DUI
Under N.C. Gen. Stat. ยง 20-138.1, someone commits the offense of impaired driving if they operate a vehicle while with a blood alcohol concentration of 0.08 or more or under the influence of an impairing substance, even if the substance is prescribed. The statute essentially bars the defense that a drug was legally prescribed if taking the medication adversely affects your mental or physical faculties to such extent there is a noticeable or appreciable impairment.
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