Charlotte Criminal Lawyer Blog
Driving Under the Influence of Drugs in North Carolina
Driving while impaired is illegal in North Carolina and elsewhere. Impaired driving includes anything that causes a driver to be impaired and unable to properly operate a motor vehicle on the road. Driving under the influence of drugs is a crime that is the same as driving under the influence of alcohol. Both drunk driving and drugged driving are considered dangerous and, therefore, are punishable crimes. If you have been charged with drugged driving, you will want to vigorously defend the charges and protect your rights with help from an experienced attorney.
What is Drugged Driving?
Laws are in place that criminalize all types of impaired driving. Drugged driving means operating a motor vehicle while under the effects of drugs. There are many different types of drugs, including both legal and illicit. Anytime a drug causes impairment, it is cause for concern and may be considered driving while impaired. Different drugs can cause various impairments. Some of the possible signs of impairment include poor judgment, slow reaction times, drowsiness, dizziness, and even hallucinations, among other things.
Drug Testing for Impaired Driving
If a driver is thought to be impaired, law enforcement officers will request testing. The same rules apply for testing for alcohol or drugs in the system. When law enforcement suspects impairment, they require a blood, urine, or breath test. Blood or urine tests are the methods utilized for the evaluation of drugs in the system. Unlike alcohol, which has specific legal consumption limits based on blood alcohol content, drugs can affect different people differently, and there are many different types of drugs, each with its own effects. Therefore, North Carolina has a zero-tolerance policy for drug use while driving.
Implied Consent Law
North Carolina has implied consent laws in place that require drivers to submit to testing when requested to do so as part of an investigation of impaired driving. The failure to comply will result in additional charges, but will not stop the process. If a person does not consent to testing, they will automatically lose their driver’s license for one year. Law enforcement officers will obtain a warrant through the courts that allows them to complete testing. If the police have probable cause to believe that a driver is impaired, whether from alcohol or drugs, the court will grant an immediate warrant.
Penalties for Driving While Impaired by Drugs
In North Carolina, the law provides for serious penalties for drugged driving. Drugged driving comes under the category of impaired driving for purposes of the law. A person is considered to be impaired by drugs if they are found to have any amount of a Schedule I controlled substance in their urine at the time they were driving. North Carolina has six sentencing levels based on the severity and aggravating factors involved. Penalties vary and may include some jail time, fines, and community service. An experienced attorney will help defend the charges and present mitigating factors that could lower the severity of the sentence.
If you have been charged with drugged driving, you do not have to face the charges alone. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to talk to our legal team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_90/gs_90-89.html
https://nida.nih.gov/publications/drugfacts/drugged-driving
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