Can You Get a DWI for a Prescription Medication?

You can receive a North Carolina DWI for impairment due to a prescribed medication. This is true even when you have taken the medication in the current dosage and followed your doctor’s instructions to the letter. Determining Impairment Impairment caused by prescribed medications cannot be detected by a breathalyzer. However, it can be detected in a blood test. If the arresting officer has probable cause to believe you are impaired, a warrant for a blood test can be ordered. This evidence, along with poor performance on any field sobriety tests administered by the officer, could support a DWI conviction. A DWI can also be charged if you were administered medications directly by a doctor, such as pain medications that are given before a procedure. DWI Penalties While use of prescription medication is not a defense to a DWI charge, it can be a mitigating factor that is used to determine your sentence. To qualify, your impairment must have been primarily caused by a lawfully…

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