Prescription Drug Impairment
A DWI charge is not always related to alcohol. You can be charged due to being under the influence of drugs, legal or illegal. The statute states that a person can be arrested for a DWI while operating a vehicle on a public road when under the influence of any “impairing substance.”(N.C.G.S. § 20-138.1). An impairing substance includes not only substances such as alcohol, but any substance that is capable of impairing a person’s physical or mental faculties such that it may interfere with his ability to drive a vehicle. Thus, prescription as well as illicit drugs can qualify as impairing substances. Even over-the-counter medications, like inhalants, depending upon their potential effect on the body can render a driver unsafe and subject to an impaired driving charge. The fact that an individual was entitled to legally possess and ingest the substance is not a defense to a DWI charge. It may, however, be offered as a mitigating factor in sentencing.
A person is considered under the influence of an impairing substance when a person’s “physical or mental faculties, or both are appreciably impaired” by the substance. (N.C.G.S. § 20-179(e)(5). Drug impairment, and especially prescription drug impairment, cases are more difficult to prove. Consequently, the State may use the following strategies:
1. Drug Recognition Expert Combined With Chemical Analysis. The State can elicit testimony from an officer certified as a Drug Recognition Expert. This expert will testify that the defendant was impaired and that its cause was an impairing substance. This testimony will then usually be corroborated with a chemical analysis.
2. Opinion Testimony From An Experienced Officer. The North Carolina Supreme Court has established that an officer that is experienced is competent to offer his testimony that the defendant was under the influence of some drug. The Court has held that an officer is better qualified than the jury to draw inferences and conclusions from what he heard and that an officer’s testimony is sufficient to establish a prima facie case of driving while impaired.
3. Defendant’s Admission Corroborated By Expert Testimony. When an officer elicits statements from an individual that he has ingested a potentially impairing substance shortly before or while driving, the officer can testify as to those statements at trial. The State will then present testimony from an expert that can testify that the substance the individual confessed to ingesting is, in fact, an impairing substance.
Prescription drug impairment cases are more challenging both for prosecutors and DUI defense lawyers. However, with proper training and certifications, your Charlotte DWI lawyer can effectively defend your case. Call today to see what defenses may be available in your particular situation.
