Can You Get a DWI for Prescription Medication in North Carolina?
For many, daily life includes taking prescription medication—whether for pain, anxiety, sleep, ADHD, or another medical need. But what if you’re pulled over after taking a medication your doctor legally prescribed? Can you actually be charged with DWI for prescription medication in North Carolina?
The short answer: Yes, you can. In North Carolina, driving while impaired applies to much more than just alcohol or illegal drugs. Even a prescription medication, if it impairs your ability to drive, can put you at risk for a DWI charge. This is a serious issue, and one that catches many drivers by surprise.
If you’ve been stopped, arrested, or simply want to know your rights, the Law Office of Tony Huynh, PLLC can protect your record, your license, and your peace of mind. Call now for fast help from a High Point traffic lawyer who knows how to fight—and win—these cases.
How North Carolina Defines DWI for Prescription Medication
Under North Carolina General Statutes § 20-138.1, it is unlawful for any person to drive “while under the influence of an impairing substance.” The term “impairing substance” is broad. It covers not just alcohol and street drugs, but any substance—including legally prescribed medication—that impairs your physical or mental faculties.
This means that even if you are taking medication exactly as prescribed, you can be arrested and charged with DWI if an officer believes your ability to drive is impaired. North Carolina law does not carve out exceptions for prescription medications.
How Do Police Prove Prescription Drug Impairment?
Unlike alcohol, there is no “legal limit” for most prescription drugs. Officers use a combination of their own observations, roadside sobriety tests, and—sometimes—blood or urine tests to evaluate your ability to drive. Police are trained to look for signs of impairment such as slurred speech, unsteady balance, slow reaction times, or confusion.
In certain cases, the state may use a Drug Recognition Expert (DRE)—a specially trained officer—to help determine whether prescription medication is causing impairment. The prosecution doesn’t need to show a specific quantity of medication in your system; it only needs to prove that the medication caused actual impairment of your ability to drive. Work with a seasoned High Point traffic lawyer who understands how to challenge subjective police testimony and chemical test results.
Common Prescription Medications That Can Lead to DWI
Certain medications are more likely to result in a DWI arrest. These include:
- Opioid pain relievers (e.g., oxycodone, hydrocodone)
- Benzodiazepine anti-anxiety drugs (e.g., Xanax®, Valium®)
- Sleep aids such as Ambien® and similar sedative-hypnotics
Doctors and pharmacists often warn patients not to drive until they know how a medication affects them. Many prescription medications have side effects such as drowsiness, dizziness, slowed reaction time, or confusion—all of which can impair driving.
Prescription DWI in High Point? Talk to a North Carolina DWI Lawyer
The consequences of a prescription medication DWI can be life-changing. Don’t let confusion about the law or a simple mistake jeopardize your driving privileges or reputation. The Law Office of Tony Huynh, PLLC provides experienced, individualized legal help for those facing DWI or any traffic violation in High Point. Call us today for prompt, knowledgeable support from a team that knows North Carolina law and will work to protect your rights.