Can Prescription Medications Lead to a DWI in North Carolina?

Many people assume that DUI/DWI charges only apply to alcohol consumption or illegal drug use. However, in North Carolina, you can be charged with driving while impaired (DWI) even if you are taking legally prescribed medications. Understanding how prescription drugs can affect your ability to drive and the legal consequences of impairment is crucial for residents of Hickory and beyond. At King & Rowe, Attorneys at Law, our experienced attorneys are here to help if you’re facing DWI charges related to prescription medication.

How Prescription Medications Can Lead to a DWI

North Carolina’s DUI/DWI laws do not differentiate between impairment caused by alcohol, illegal drugs, or prescription medications. If a substance—prescribed or otherwise—impairs your ability to drive safely, you can be charged with a DWI. Some commonly prescribed medications that may lead to impairment include:

• Painkillers (Opioids) – Medications like oxycodone, hydrocodone, and fentanyl can cause drowsiness and slowed reaction times.

• Anti-Anxiety Medications (Benzodiazepines) – Drugs such as Xanax, Valium, and Ativan can impair cognitive functions and motor skills.

• Sleep Aids – Medications like Ambien and Lunesta may cause residual drowsiness, leading to impaired driving even hours after use.

• Antihistamines – Some over-the-counter and prescription allergy medications cause drowsiness and slow reflexes.

How Do Law Enforcement Officers Determine Impairment?

Unlike alcohol-related DWIs, which can be measured using a breathalyzer, there is no universally accepted roadside test for impairment caused by prescription drugs. However, law enforcement officers may rely on:

• Field Sobriety Tests – Officers may conduct balance, coordination, and cognitive function tests to assess impairment.

• Drug Recognition Experts (DREs) – Some officers have specialized training to recognize impairment caused by drugs.

• Blood and Urine Tests – These tests can detect the presence of prescription drugs in your system, but they do not always indicate impairment levels.

Potential Penalties for a Prescription Drug DWI

Being convicted of a DWI due to prescription medication carries the same penalties as an alcohol-related offense in North Carolina. These may include:

• License Suspension – Even a first-time offense can result in a suspension of driving privileges.

• Fines and Court Costs – You may face significant financial penalties.

• Probation or Jail Time – Depending on the severity of the offense, a judge may impose probation or even a jail sentence.

• Ignition Interlock Device – Some offenders may be required to install an ignition interlock device in their vehicle.

Defending Against a Prescription Drug DWI Charge

If you have been charged with a DUI/DWI in Hickory due to prescription medication, it is crucial to consult local attorneys who understand North Carolina’s laws. Some possible defenses include:

• Lack of Impairment – Just because a medication is in your system does not mean you were impaired while driving.

• Improper Traffic Stop – If the officer lacked reasonable suspicion to stop you, the charges could be challenged.

• Medical Necessity – In some cases, a doctor’s testimony may support the argument that the prescribed medication did not impair driving ability.

Contact King & Rowe, Attorneys at Law

DWI charges involving prescription medications can be complex, and you need knowledgeable attorneys to protect your rights. At King & Rowe, Attorneys at Law, our experienced legal team is dedicated to helping clients in Hickory and surrounding areas fight DUI/DWI charges. If you or a loved one is facing a prescription-related DWI, don’t navigate the legal system alone—reach out to our local attorneys for guidance and a strong defense.

For professional legal assistance, contact King & Rowe, Attorneys at Law—trusted local attorneys in Hickory, NC, for DUI/DWI defense.

828-466-3858