N.C.G.S. § 20-138.1 makes it illegal to drive while under the influence of an impairing substance, which also includes prescription medications. A driver can be charged with DWI if their prescription medication appreciably, i.e., noticeably, impairs their physical or mental faculties, affecting their ability to operate a vehicle safely.
Common impairing medications include:
- Opioid pain relievers
- Benzodiazepines (anti-anxiety medications)
- Sleep aids
- Muscle relaxants
- Certain antidepressants.
Officers may establish impairment through: Field sobriety tests Observations of driving behavior (weaving, crossing left of center/fog lines and an erratic rate of speed observed)
Physical signs (drowsiness, confusion, slurred speech)
Blood tests showing the presence of impairing drugs Drug Recognition Expert (DRE) evaluation If prescription medication affects your ability to drive safely, operating a vehicle can result in a DWI charge that carries the same penalties as alcohol-related DWI, to include fines, license suspension, and potential jail time. Be smart, make sure to read all warning labels for your prescription medications before taking them and then operating a vehicle.