Does It Matter If You Have A Prescription?

In North Carolina, as in every other state, a person can be convicted of driving while impaired (DWI) if the person has a drug in their system. As with other states, North Carolina law provides two ways to be guilty of driving while under the influence of drugs. A person is guilty of DWI if they drive while “under the influence of an impairing substance” or if they drive with “any amount of a Schedule I controlled substance, … or its metabolites in [their] blood or urine.” N.C.G.S. § 20-138.1(a).

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But what if the person has a prescription for the drug that is in their system? North Carolina law specifically provides that the “fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense to a charge under this section.” N.C.G.S. § 20-138.1(b). Does this mean that having a prescription does not help you in a DWI prosecution? No!

The good news here is that you can still use your prescription for your medication in your defense. It may help to show that you were not impaired by your medication, if the notes and instructions that accompany your prescription indicate that it does not cause impairment. It also could show that your medication is not on the Schedule I list of controlled substances. Additionally, even if it does not help you avoid a conviction, your prescription can be used as a mitigating factor to reduce your sentence. It also might be useful to help obtain a favorable plea offer.

If you find yourself facing DWI charges, and you have a prescription for any drug that the state is claiming caused your impairment, it is important to use your prescription in your defense – despite what the DWI statute may lead you to believe. Of course, as with all legal questions, it is important to seek the advice of a qualified attorney if you end up in these circumstances.