North Carolina DWI Drugs
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Under North Carolina state law, there are a variety of substances that can be classified as drugs when it comes to DWI charges. Along with the standard illegal substances—such as cocaine, LSD, marijuana, ecstasy, and heroin—a number of prescription medications and over-the-counter drugs can also impact a person's ability to operate a motor vehicle. In fact, although it rarely happens, even seemingly harmless substances such as caffeine can potentially affect your driving abilities.
Unlike alcohol, which can be calculated through blood alcohol content (BAC), there is no way to determine the extent of a driver’s impairment from drug use. Legally speaking, a person with a BAC of 0.08% or more is considered intoxicated; however, there is no standard definition for drug impairment. As a result, many of the individuals who are charged with a DWI drug offense are not truly impaired at the time of their arrest.
Without a clear-cut method of determining a driver’s level of impairment from drug use, officers are forced to rely upon their own observations to identify motorists under the influence of drugs. While many are trained to detect certain signs of drug impairment—such as dilated pupils, inability to focus, and argumentative behavior—many of the so-called “classic” signs of drug use can be caused by other conditions. For example, fatigue, allergies, and other common medical ailments can affect some individuals to such an extent that it may lead an officer to leave they are under the influence of a mind-altering drug.
Fortunately, because it is can be difficult to identify drivers who are impaired by drugs, many of the individuals who are charged with a drug-related DWI are able to successfully challenge their arrest and avoid a life-altering criminal conviction. In order to do this, however, it is often necessary to obtain legal representation.
To protect your rights and increase your chances of obtaining a successful resolution to your case, it is important to discuss your recent DWI arrest with an experienced defense attorney in your area. Remember, the penalties for a DWI drug charge can often include a long license suspension, extensive fines, and even jail time—and with so much at stake, it is imperative to have a strong defense strategy for your situation when your day in court arrives. Make sure you discuss your case with a DWI defense attorney today.
