-
Criminal Defense
-
Personal Injury
Raleigh Drugged Driving Lawyer
Serving Wake County & Beyond
250+ Reviews and counting
A conviction can mean license suspension, heavy fines, and even jail time. Schedule a confidential consultation with an experienced defense attorney to discuss your options.
Take the first step. Click below to schedule your consultation today.
North Carolina has a zero-tolerance policy for certain controlled substances and provides no defense for prescription medications, even when taken exactly as prescribed by your doctor.
At DeMent Askew Johnson & Marshall, we understand that drugged driving charges often affect good people in unfortunate circumstances—professionals taking prescription medications, patients using legal treatments, or individuals who had no idea their medication could impair their driving ability.
Your entire future depends on what you do right now. The decisions you make in the coming days will determine whether this becomes a life-altering conviction or a manageable legal challenge.
In North Carolina, Driving While Impaired (DWI) charges apply not just to alcohol but to any “impairing substance.” Under N.C.G.S. § 20-138.1, you can be charged with DWI if you drive a vehicle:
North Carolina has a zero-tolerance “per se” drugged driving law for Schedule I controlled substances. This means that the mere presence of these substances in your system is enough for a conviction—the prosecution doesn’t need to prove that your driving was actually impaired.
For Schedule I substances (like heroin, LSD, or MDMA), any detectable amount in your blood or urine is automatically grounds for a DWI conviction. For these charges, impairment is not an element the state needs to prove.
What many people don’t realize is that legally prescribed medications can lead to drugged driving charges in North Carolina. Common medications that can result in DWI charges include:
Unlike some states, North Carolina law specifically states that having a valid prescription is not a defense to a drugged driving charge. The fact that you were legally entitled to use a drug provides no protection if that drug impaired your driving ability.
Drugged driving convictions carry the same severe penalties as alcohol-related DWI convictions. The specific punishment depends on aggravating and mitigating factors, with sentences ranging across six levels:
All conviction levels also require substance abuse assessment and completion of recommended treatment programs.
Unlike alcohol, which can be measured with a breathalyzer, drug impairment requires different detection methods:
Officers use the same standardized field sobriety tests for drug impairment as they do for alcohol, despite these tests not being designed or validated for drug detection. These tests include:
Some officers have specialized training to identify drug impairment through a 12-step evaluation process. However, many officers making drugged driving arrests lack this specialized training.
To confirm the presence of drugs, officers typically request a blood sample, which requires:
Drug testing is far more complex than alcohol testing:
These scientific limitations create powerful defense opportunities that an experienced drugged driving attorney can leverage.
Beyond the criminal penalties, a drugged driving conviction creates devastating collateral consequences:
Professional License Issues: Healthcare providers, attorneys, teachers, and other licensed professionals face disciplinary action and potential license suspension.
Employment Consequences: Many employers screen for drug-related convictions, limiting job opportunities for years to come.
Insurance Impacts: Auto insurance premiums typically increase by 300-400% for several years following a DWI conviction.
Educational Barriers: College students may lose financial aid, face disciplinary action, or experience admission difficulties.
Travel Restrictions: Some countries, including Canada, may deny entry to individuals with drugged driving convictions.
Prescription Medication Access: Paradoxically, a conviction may make it harder to obtain needed prescription medications in the future.
These consequences often last far longer than any jail sentence, creating years—sometimes decades—of obstacles to rebuilding your life.
Despite North Carolina’s strict drugged driving laws, effective defense strategies exist. Our experienced defense team develops customized approaches, including:
When you choose our firm to defend against drugged driving charges, you benefit from:
We don’t just defend cases—we defend careers, reputations, and futures.
If you’ve been charged with drugged driving in Raleigh or anywhere in North Carolina, time is critical. Here’s what you need to do immediately:
The sooner we can begin building your defense, the more options we’ll have to fight the charges. Early intervention can sometimes lead to charges being reduced or dismissed before they permanently impact your record.
At DeMent Askew Johnson & Marshall, we understand what’s at stake when you’re facing drugged driving charges. Your freedom. Your driving privileges. Your career. Your future.
Our team of experienced drugged driving defense attorneys is ready to stand between you and the severe consequences of a conviction.
The consultation is completely confidential.
Call us now or complete our online contact form to schedule your consultation. There’s a right way and a wrong way to handle drugged driving charges—let us help you protect everything that matters.
Serving clients in Raleigh, Durham, Orange, Carteret, and Chatham Counties, and throughout North Carolina.
Wake County
Carteret County
Durham County
Orange County
Chatham County
Johnston County (Smithfield courthouse only)
Yes. North Carolina provides no legal defense for driving while impaired by prescription medications, even when taken exactly as prescribed by your doctor. The law explicitly states that being legally entitled to use a drug is not a defense to a DWI charge. However, the fact that impairment resulted from lawfully prescribed medication taken as directed can potentially serve as a mitigating factor during sentencing, potentially reducing your punishment level. This is why it’s crucial to have an attorney who understands the nuances of prescription medication DWI cases.
Police use several methods to detect potential drug impairment:
A key defense strategy often involves challenging these detection methods, particularly when the officer lacks specialized DRE training or when field sobriety tests were administered improperly or are affected by non-drug-related factors like medical conditions, fatigue, or nervousness.
Detection windows vary widely depending on the drug, testing method, metabolism, and frequency of use:
This creates a significant legal issue—you can test positive for drugs long after any impairing effects have worn off. Our attorneys understand how to challenge these tests based on the scientific disconnect between detection and actual impairment.
While both fall under the same DWI statute and carry identical penalties, there are key differences:
These differences create unique defense opportunities for drugged driving cases that an experienced attorney can leverage.
Yes, your license will be automatically suspended for 30 days upon arrest. Within 10 days of your arrest, you can request a hearing to contest this initial suspension. After the 30-day period, you may be eligible for limited driving privileges if you have:
If convicted, your license will be revoked for at least one year, with eligibility for limited driving privileges depending on your sentencing level and compliance with court-ordered assessments. Our attorneys can guide you through this complex process to help maintain your ability to drive for essential purposes.
Common over-the-counter medications such as antihistamines (Benadryl), cold medicines (NyQuil), and sleep aids (ZzzQuil) can lead to drugged driving charges if they impair your ability to drive. The prosecution must prove that the medication actually impaired your driving ability, making these cases more challenging to prove than alcohol or Schedule I drug cases. However, warning labels on these medications about drowsiness or not operating machinery can be used as evidence against you. Our attorneys develop defense strategies specific to OTC medication cases, often focusing on challenging the officer’s observations and the actual level of impairment.
You can refuse a blood test, but there are consequences. Under North Carolina’s implied consent law, refusing a blood test after being arrested for DWI will result in an automatic one-year license suspension, separate from and in addition to any suspension resulting from a DWI conviction. Additionally, the officer can obtain a warrant for your blood, and your refusal can be used as evidence against you in court. Whether to refuse is a complex decision that depends on your specific circumstances. Having experienced legal representation is crucial regardless of whether you consented to or refused testing.
5.0
5.0
5.0
