Impaired Driving in North Carolina: What Does It Mean? 2024

Understanding motor vehicle laws related to the consumption of drugs and alcohol is essential for anyone who drives on public roadways, and it becomes especially important when you have been charged with impaired driving or involved in a criminal defense case in North Carolina. Impaired driving goes well beyond alcohol consumption, effectively including any substance that could impair a driver’s ability to operate a vehicle safely.

What Is Impaired Driving in North Carolina?

In North Carolina, impaired driving is defined under the state’s general statutes, specifically GS § 20-138.1. The law states that a motorist commits this offense when they operate a vehicle on any road or public vehicular area (e.g., a parking lot) under any of the following three circumstances:

1. While under the influence of a mind-altering substance.
2. When a “chemical analysis” (e.g., a breathalyzer) demonstrates that the driver has a blood alcohol concentration (BAC) of 0.08 or greater.
3. When an analysis of the driver’s blood or urine tests positive for any amount of a Schedule I controlled substance (e.g., heroin, LSD, ecstasy). Under federal law, cannabis also remains a Schedule I drug for the time being.

In addition to establishing what “impaired driving” means in the State of North Carolina, the text of the law goes on to define and clarify some other relevant items. Here are some highlights:

• Turnabout is fair play when it comes to blood testing. While a blood test revealing a blood alcohol concentration over 0.08 is considered sufficient proof of impaired driving, a negative test can similarly be used as evidence that no impaired driving occurred.
• Having a legal prescription for a mind-altering substance (or any other reasonable explanation for using one) is not considered a valid defense for driving under the influence.
• While the law explicitly establishes that breathalyzers, blood tests, and urinalysis are sufficient proof of impaired driving once entered into evidence, it also explicitly establishes that defendants have the right to assert (with proper evidence) that such tests should not be admissible as evidence.
• The law establishes impaired driving as a misdemeanor offense. Penalties can still be extremely serious, however, especially if an impaired driving case is combined with possession charges, endangerment of children, property destruction, prior offenses, or other extenuating circumstances.

Repeat DWI Offenses

North Carolina has a completely separate statute, GS § 20-138.5, to deal with repeat DWI offenders. In North Carolina, this charge is officially known as “Habitual impaired driving” and carries much steeper penalties than a first-time impaired driving charge. Here is a summary of the text of the law:

• If a driver has been convicted of impaired driving in North Carolina three or more times, their next conviction would instead be prosecuted as habitual impaired driving, a Class F felony.
• The convictions must occur within ten years of one another to qualify as habitual impaired driving.
• A minimum sentence of at least 12 months is coded into the text of the statute.
• Anyone convicted under GS § 20-138.5 should expect to have their NC state driver’s license permanently revoked.
• The vehicle used in the commission of a habitual impaired driving offense is subject to forfeiture–in other words, the police have legal grounds to seize it. If the car was someone else’s property, it could still be seized unless the owner is able to prove that they were unaware of the driver’s habitually impaired status or that the vehicle was taken without their knowledge and consent.

Possible Defense Strategies for Impaired Driving Cases in North Carolina

There are a number of possible strategies for defending against charges of impaired driving in North Carolina. Your impaired driving attorney from Silva, Kiernan & Associates, PLLC, can help. Some of the possible angles from which we might approach an impaired driving defense include:

• Challenging the Traffic Stop & Arrest Process – The most direct path to a dismissal of impaired driving charges is sometimes questioning the legality of the traffic stop where it started. If we can prove that the stop was not conducted lawfully or if your rights were violated during your arrest, this can undermine the prosecution’s entire case.
• Questioning Field Sobriety Tests & Chemical Testing – In some cases, we may be able to argue that the results of a field sobriety test, or even a blood test, used to establish your intoxication should not be allowed in court. If breathalyzers or other tests were not administered correctly, or if the results were influenced by outside factors, this may offer a path to having charges dismissed.
• Medical Conditions – Demonstrating that a medical condition or unexpected medication side effect caused symptoms similar to intoxication can be another path to fighting an impaired driving charge.

This is not a comprehensive list, and there may be many more options available for your case.

FAQs

What Is Considered Impaired Driving in NC?

Impaired driving in NC is a criminal charge related to the operation of a motor vehicle on public roadways after consuming mind-altering substances. This includes drinking alcohol, taking street drugs, or even using legally prescribed medication with intoxicating effects. The full text of the impaired driving law in North Carolina can be found in the state’s general assembly statutes, GS § 20-138.1.

What Is the Sentence for Habitual Impaired Driving in NC?

The sentence for habitual impaired driving in NC is significantly stiffer than that for a first-time offender. Habitual impaired driving is a felony charge in North Carolina that typically carries a minimum sentence of 12 months incarceration. Additional details of the habitual impaired driving law can be found in the state’s general statutes, GS § 20-138.5.

What Is Considered an Impairment to Driving?

Any condition or situation that makes it more difficult to operate a motor vehicle can be considered an impairment to driving. This could be a medical problem, bad weather, road conditions, or the influence of drugs or alcohol. When talking about the specific criminal charge of impaired driving, however, “impairment” refers specifically to drug and alcohol intoxication.

What Is the Difference Between a DUI and a DWI in North Carolina?

There is no difference between a DUI and DWI in North Carolina, and in fact, neither one is an official legal term in the state. DUI means “driving under the influence,” and DWI signifies “driving while intoxicated.” These are two common terms for the same type of criminal charge, but in North Carolina, such cases are called “impaired driving” rather than DUI or DWI.

Silva, Kiernan & Associates, PLLC – Impaired Driving Defense for North Carolinians

If you’ve been hit with impaired driving charges and need help fighting them, the team at Silva, Kiernan & Associates, PLLC, can help. Please contact us today to set up a totally confidential consultation and learn more about how our world-class criminal defense services can get you through this challenging time.