Felony Serious Injury by Vehicle NC

You 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. § 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.

Refusing a breath test in North Carolina triggers a separate, civil administrative legal process known as a willful refusal hearing. Even while a criminal DWI charge is pending in criminal court, the Department of Transportation – Division of Motor Vehicles (DMV) may move forward with revoking your license for failing to submit to breath and/or blood testing.

At the center of willful refusal proceeding is a hearing officer who effectively handles both the role of prosecutor—by eliciting evidence—and the role of judge—by deciding if your license will be revoked.

The stakes can be significant because a loss at the DMV hearing level may lead to a revocation lasting well beyond any criminal charge, even if the underlying DWI charge is cleared by dismissal or a not guilty verdict after a trial.

Articles Tagged with Felony Serious Injury by Vehicle NC

Prescription Medication and North Carolina DUI

How North Carolina Defines Prescription Medication DUI

DMV Willful Refusal Hearing in North Carolina: Key Issues and Legal Concerns