Drunk driving is usually associated with alcohol, but did you know you can get a DUI for other substances other than alcohol? In North Carolina, the law goes beyond alcohol and covers a host of impairing substances including prescription medications, illegal drugs, and even over-the-counter products. If you are caught driving impaired by any substance that affects your ability to safely operate a vehicle, you could be charged with a DUI or DWI.
In this post, we will cover the various substances other than alcohol that can get you a DUI, how North Carolina law defines impaired driving, and why you need to partner with an experienced Asheville DUI lawyer to navigate the process and protect your license.
Definition and Scope of DUI/DWI
Understanding the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) is key. Both mean operating a vehicle impaired but the definitions can vary by state. In many states, DUI means impairment due to alcohol or drugs while DWI means alcohol-related impairment. Knowing the difference helps clarify the law. Additionally, understanding DWI laws is crucial as they outline the legal ramifications, rights during traffic stops, and the serious consequences of non-compliance.
Impairment by Alcohol, Drugs, or a Combination
Impairment can come from many substances including alcohol, illegal drugs, prescribed medications, prescription medications, and even over-the-counter drugs. Each of these can affect your ability to drive safely.
- Alcohol: The most common substance associated with DUI/DWI charges, alcohol affects judgment, coordination, and reaction time. In North Carolina, the legal limit for blood alcohol content (BAC) is 0.08%.
- Illegal Drugs: Substances like cocaine, methamphetamines, and heroin can cause significant impairment. For example, cocaine can cause confusion and aggression while methamphetamine can cause hallucinations and impaired impulse control.
- Prescription Medications: Many people are unaware that certain prescription medications can impair their ability to drive. Medications like antidepressants and antihistamines can cause drowsiness or dizziness making it unsafe to drive.
- Over-the-counter medications: Even common medications can impair driving. For example, cold medications that contain antihistamines can cause slowed reactions and impaired judgment.
- Combination of Substances: Mixing alcohol with drugs whether illegal or prescribed can multiply impairment. This combination often results in more severe consequences than using either substance alone.
Substances Other Than Alcohol DUI
When it comes to DUI laws many people think only of alcohol. But many substances can get you a DUI. Knowing these substances is key for drivers to stay informed and avoid legal trouble.
Illegal Drugs
Illegal drugs can significantly impair a person’s ability to drive. Here are some examples:
- Cocaine: This stimulant can cause mental disorientation, dizziness, confusion, and aggression. Users may feel overconfident and make reckless driving decisions.
- Methamphetamines: Known for causing excitation and hallucinations meth can also cause delusions and impaired impulse control. These effects can severely impair a driver’s ability to react to road conditions.
- Heroin and Opioids: These substances can cause drowsiness and lethargy which can impair cognitive functions. Driving under the influence of opioids can lead to dangerous situations on the road.
- Marijuana: While legal in some states marijuana can impair reaction time, judgment, and coordination. Users may not realize how much it affects their driving until it’s too late.
Prescription and Over-the-Counter Medications
Many people are unaware that prescribed medications and over-the-counter medications can get you a DUI.
- Prescription Drugs: Medications like antidepressants, antihistamines, and Valium can cause drowsiness, dizziness, and slowed reactions. Even if these drugs are prescribed they can still impair driving.
- Over-the-counter medications: Common medications like cold and allergy remedies may have side effects that impair driving. Always read labels and know how these medications affect you.
Mixed Substances
Mixing drugs can make impairment worse. Mixing different substances whether illegal drugs, prescription medications or alcohol can create unpredictable effects. This can increase the danger of impaired driving and the risk of an accident.
In North Carolina, the legal consequences of such actions can be severe, with DWI penalties varying based on the severity of incidents, prior offenses, and specific aggravating circumstances.
Prescription and Over-the-Counter Medications
Prescribed medications can impair driving abilities and get you a DUI. Many people don’t realize that legal drugs can affect their driving just as much as illegal substances or alcohol.
Prescription Drugs
Some prescribed medications can cause drowsiness, dizziness, and slowed reactions. Especially:
- Antidepressants: These can affect mood and cognitive function and impair judgment.
- Antihistamines: Used for allergies, these can cause significant drowsiness and impaired reaction times.
- Valium and other benzodiazepines: These can cause sedation and decreased alertness and make driving dangerous.
Taking these medications, especially in combination or without medical advice, can get you in serious trouble if you get pulled over.
Over the Counter Medications
Even prescribed medications and over-the-counter medications can be risky. Many common medications have side effects that can impair driving. For example:
- Cold and flu medications: These can have ingredients that cause drowsiness or dizziness.
- Pain relievers: Some may have side effects that affect coordination and reaction times.
Always read labels and know how these medications can affect you. If you’re taking any medication that can impair your driving it’s best to not get behind the wheel.
Mixed Substances
Driving under the influence of mixed substances can increase impairment by a lot. This includes combining illegal drugs, prescription medications, and alcohol. The effects of mixing these substances can be unpredictable and dangerous. In North Carolina, the DWI penalties for such actions are severe, with consequences varying based on the severity of incidents, prior offenses, and specific aggravating circumstances, significantly impacting an individual’s driving privileges and potential incarceration.
Mixing Drugs
When drugs are mixed their effects can multiply, and impairment can get worse. For example, combining alcohol with depressants like benzodiazepines can cause extreme drowsiness and slowed reaction times. Mixing stimulants like cocaine with alcohol can mask the depressant effects of alcohol and make people underestimate their level of impairment and drive recklessly. In North Carolina, such actions can lead to severe DWI penalties, including loss of driving privileges and potential incarceration, depending on the severity of the incident and prior offenses.
Increased Danger and Impairment
The dangers of driving under the influence of mixed substances are well known. Impairment can show up in many ways including poor judgment, decreased motor skills, and impaired cognitive function. The combination of substances can cause confusion and disorientation and make it hard for drivers to react to road conditions or unexpected situations.
Law enforcement agencies know the risks of mixed substance use. They have specific tests and assessments to determine if a driver is impaired. This can include field sobriety tests and blood tests to check for multiple substances in a driver’s system.
North Carolina Specifics
DUI laws vary from state to state and from one local jurisdiction to another. Knowing these differences is important if you’re facing DUI charges.
North Carolina’s Approach to DUI from Substances Other Than Alcohol
In North Carolina, a driver can be charged with a DWI if they are impaired by any substance not just alcohol. This includes illegal drugs, prescription medications, and even over-the-counter drugs. North Carolina has a zero tolerance for drugged driving, meaning if a law enforcement officer believes you are impaired you can be charged even if your BAC is below the legal limit for alcohol.
North Carolina law also allows for field sobriety tests and chemical tests to determine impairment. Law enforcement officers can administer these tests if they believe a driver is under the influence of drugs. Even if you have a prescription for a medication it does not exempt you from being charged if it impairs your ability to drive safely. North Carolina DWI laws are strictly enforced to ensure driver safety, with sobriety checkpoints and clear distinctions between DWI and DUI to emphasize the legal framework and consequences.
DWI Penalties and Consequences
When facing a DUI charge from substances other than alcohol the penalties can be severe. In North Carolina, a DWI conviction can lead to permanent consequences, including the loss of driving rights and a lasting impact on your legal record, highlighting the importance of seeking legal assistance immediately after arrest.
Jail Time
In North Carolina a first-time offender can get up to 24 hours in jail and repeat offenders can get much longer sentences. DWI convictions in North Carolina can lead to severe legal repercussions, including license revocation and potential jail time, with increasingly severe consequences for repeat offenses.
Fines
In North Carolina fines for a DWI can be up to $10,000 if there are aggravating factors like high BAC or endangerment. Additionally, DWI penalties in North Carolina include significant financial consequences, which can greatly impact an individual’s finances.
Loss of Driving Privileges
In North Carolina, a first offense can result in a one-year suspension of your driver’s license. Subsequent offenses can result in longer suspensions or even permanent revocation. Having a valid North Carolina driver’s license is not a prerequisite for facing DWI charges, and individuals can be charged with DWI regardless of their licensing status, highlighting the legal complexities surrounding DWI defenses in North Carolina.
Higher Insurance Rates
A DUI conviction can also affect your insurance rates. Insurance companies consider a DUI as a high risk and will often increase your rates or even cancel your coverage. You need to consider the long-term financial impact of a DUI on your insurance. The North Carolina Department of Health and Human Services plays a crucial role in DUI cases by informing individuals of their rights regarding evidence submission, particularly relating to breath and blood tests during a DWI investigation.
Contact an Experienced Asheville DUI Attorney ASAP!
If you or someone you know is facing DUI charges for substances other than alcohol, it’s essential to seek expert legal guidance right away. At Asheville DUI Guy, our team understands the intricacies of North Carolina’s impaired driving laws and is dedicated to defending your rights. It is crucial to have legal representation during interactions with a police officer to ensure your rights are protected and to avoid any actions that could worsen your legal situation.
Contact us at 828-759-5556 for a free case review today!
