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Can You Be Charged With DWI in North Carolina for Prescription Medication

By September 13, 2025September 15th, 2025No Comments

Driving while impaired is a serious offense in North Carolina, and many people assume it only applies to alcohol or illegal drugs. 

However, certain prescription medications can also lead to a DWI (Driving While Impaired) charge if they affect your ability to drive safely. 

Understanding how the law applies and the steps you should take if accused can help protect your legal rights. Still have questions? Call Martine Law and protect your rights. 

Prescription medications and DWI

Prescription medications are legal, but some can impair judgment, reaction time, or motor skills. The main question is whether taking your prescribed medicine while driving can result in criminal liability. 

North Carolina law allows DWI charges if a driver is impaired by any substance, including legally prescribed drugs, to the extent it impairs driving ability.

  • Common medications that may cause impairment include opioids, sedatives, anti-anxiety medications, muscle relaxants, and some cold or allergy medications.
  • Even when following dosage instructions, impairment can occur, and law enforcement may charge a driver if impairment is evident.

Contact Martine Law today. 

How Does It Work Legally in North Carolina?

North Carolina DWI law covers impairment from any substance, not just alcohol. Key points include:

  1. Definition of Impairment
    • North Carolina General Statute § 20-138.1 defines DWI as driving while under the influence of any impairing substance, including prescription drugs, that affects your ability to operate a vehicle safely.
  2. Blood or Urine Testing
    • Police may test for substances in your system, including prescription medications.
    • Detection of a legal drug is not automatically a defense—the key factor is whether it impaired your driving.
  3. Field Sobriety Tests
    • Officers may observe driving behavior, coordination, and cognitive function.
    • Poor performance on field tests can support a DWI charge even if the substance is prescribed.
  4. Intent and Knowledge
    • The state does not need to prove intent to drive impaired. Simply being under the influence while operating a vehicle is enough.

What Should You Do If…?

You are prescribed medication and driving:

  • Talk to your doctor about potential side effects that may impair driving.
  • Follow dosage instructions carefully and avoid driving if you feel impaired.

You are charged with DWI involving prescription medication:

  • Contact a North Carolina criminal defense attorney immediately.
  • Gather medical documentation, prescription records, and any doctor’s instructions to help establish responsible use.
  • Avoid discussing the incident with anyone other than your attorney.

You feel impaired while driving:

  • Consider arranging alternative transportation. Driving impaired—even unintentionally—can result in criminal charges, fines, license suspension, or jail time.

Common Penalties or Outcomes

  • Misdemeanor DWI charges: For a first offense, penalties may include fines, license suspension, and possible jail time.
  • Repeat offenses: Can result in higher fines, longer jail sentences, and extended license revocation.
  • Aggravating factors: Accidents, injuries, or high levels of impairment can lead to enhanced charges or felony DWI.
  • Collateral consequences: Insurance rate increases, employment impacts, and permanent criminal record.

Key Takeaways or Legal Advice

  • Prescription medications can lead to DWI charges if they impair driving ability.
  • Legal prescriptions are not a blanket defense; impairment is the key factor.
  • Immediate legal representation is crucial for building a strong defense, including medical evidence and responsible usage.

North Carolina criminal defense attorneys can challenge evidence, negotiate reduced penalties, or explore alternative sentencing when appropriate.

 

Do You Need a Lawyer?

Yes. Even if you were following a prescription exactly, a DWI charge can have serious consequences. A North Carolina criminal defense attorney can:

  • Review medical records and prescriptions for evidence of responsible use.
  • Challenge field sobriety tests or chemical testing results.
  • Advocate for reduced penalties or alternative resolutions.

Contact Martine Law at (704) 842-3411 or reach out online for experienced guidance in DWI cases involving prescription medications.

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Call To Action

If you’ve been charged with DWI while taking prescription medication, do not wait. Contact Martine Law for immediate, confidential legal advice to protect your driving privileges and your future.

FAQs

Can I be charged with DWI if I took my prescribed medication as directed?
 Yes. Even legally prescribed medications can lead to a DWI if they impair your ability to drive.

 

Does it matter if I didn’t feel impaired?
 Feeling unaffected does not automatically prevent charges. Courts evaluate driving ability objectively.

 

Can medical records help in my defense?
 Yes. Documentation showing responsible prescription use can support your case.

 

What penalties could I face for a prescription-related DWI in NC?
 Fines, license suspension, probation, and possibly jail time, depending on the circumstances.

 

Should I speak to law enforcement or the prosecutor without a lawyer?
 No. Always contact a criminal defense attorney before making any statements.

Disclaimer: This content is for informational and educational purposes only and does not constitute legal advice. For legal guidance specific to your situation, please contact Martine Law.

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