How Can I Get a DUI Without the Presece of Alcohol?
You may be charged with driving while impaired in North Carolina and not have any alcohol in your system. The North Carolina General Assembly amended the law a few years back and allowed for three different ways, we call a trifurcated system, in order to convict the driver while impaired.
The first one that most people think of is when you blow a .08 or higher. You can also be charged with driving while impaired if you're subject to some impairing substance. Even if it's a lawfully prescribed substance specifically schedule 1 drugs. Schedule 1 drugs is kind of a complicated way of saying they’re a list of medications and illegal drugs that are cited in North Carolina general statutes. If you have either any of those in your system or what we call “metabolites” of those in your system you can also be charged and convicted of driving while impaired.
The third way, which is more of a catch all, is what we call the appreciable impairment theory. This is where there doesn't need to be any amount of alcohol or any reading for types of drugs or medications but the officer's opinion could be that you had consumed some impairing substance. To some extent you were appreciable impaired. That’s complicated and the purpose of these videos is for you to get a big ticket type perspective of things. I encourage to you keep reading and keep watching the videos as you go down because we’ll go more and more specific as time goes on.
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