What Qualifies As Impairment?

The number of drinks necessary to cause impairment varies based on the age, size, and gender of the person, but our BAC Impairment Table gives an overview of some effects. However, this table is just a reference and it’s always best to avoid driving if you have been drinking. Generally, prosecutors will use officer testimony and sobriety test results to show an appreciable and observable diminishment. Officer observations that the driver was stumbling, slurring, or unable to complete simple tasks can help prove impairment. Furthermore, the prosecutor may use an expert witness to explain how certain substances can affect safe driving. Some drugs may not cause loss of balance but can still greatly affect the driver’s ability to focus or safely drive. Based on the evidence and testimony, the judge or jury will decide if the driver was under the influence of an impairing substance.

Per Se Impairment

North Carolina prohibits any person from driving with a blood alcohol content (BAC) of .08% or with any amount of Schedule I controlled substance in his or her blood or urine. So, in many cases, the prosecutor will simply use blood and breath test results to get a DWI conviction. Often called a per se DWI, a conviction does not require the prosecutor to prove appreciable diminishment of faculties.

Citations:

N.C. Gen. Stat. Ann. § 58-36-75 SDIP

N.C. Gen. Stat. Ann. § 20-138.1 DUI

State v. Braswell, 222 N.C. App. 176, 182, 729 S.E.2d 697, 702 (2012) impairing substance

N.C. Gen.Stat. § 20–4.01(14a) Impairing substance definition