While most think of alcohol based DWI, police also arrest folks for prescription drug DUI. However, here’s how you can protect yourself?
So What is Prescription Drug DUI?
While most folks think of alcohol DUI cases, DWI laws are much broader and includes any “impairing substance”. In addition, even if prescribed by a doctor, a prescription drug DUI is just as bad as any other DWI. However, these cases are much more difficult for the State of North Carolina to prove you guilty. Rather than breath test results, the police usually ask for urine or blood tests to show drugs present. Then, they must prove “appreciable impairment” while you were driving on the road. So how do they do that?
Because there is no BAC in prescription drug DUI cases, police must rely on bad driving and field sobriety tests. However, if there is no bad driving and you look good on video, you will probably win your case. After all, no one can really do those roadside tests the first time without making mistakes. In addition, the police officer only makes it look easy because they have done them hundreds of times. But when they did them for the first time, they were just as awkward as you. So don’t feel bad about your performance.
So What Do Blood or Urine Tests Show
Whereas most people think blood or urine tests are conclusive, they are not. Rather, they only show the presence of alcohol or drugs. Furthermore, the State’s expert witness will testify on the stand that presence of a drug does not prove impairment. However, this does not apply to illegal drugs in your system. Instead, under NC law, “any amount” of a Schedule I drug is enough to prove impairment. But for every other drug, the police must show “appreciable impairment” to win their case against you in court. So don’t give up just because you take prescription medications. Because every DWI is worth fighting, call our firm now and let’s start your defense.