Can You Get a DUI From Prescription Medication in North Carolina?

By Doug Edwards

  |  

DUI/DWI Defense

  |  

Last Modified on Oct 19, 2025

Drugs are notorious for their side effects, but some of them can even impair your driving. If you are taking any kind of prescription medication, it’s important to understand the answer to this question before you drive: Can you get a DUI from prescription medication in North Carolina? An Asheville DUI lawyer can help you understand the legalities of this issue and explain your rights.

DUI Laws in North Carolina

As per North Carolina DUI laws, you are considered to be driving under the influence if any of the following conditions are true:

• Your blood alcohol level exceeds the legal limit (0.08% in North Carolina).
• You have taken anything that is classified as a Schedule I controlled substance.
• You have any substance in your system that affects your ability to safely drive (reflexes, response time, judgment).

If any or all of these things apply and you are operating a vehicle, you are considered to be driving impaired, and you can be charged with a DUI.

Can I Be Charged With a DUI for Prescription Medication?

You can be charged with Driving Under the Influence (DUI) even if the drug in your system is legal and prescribed to you. This may come as a surprise, since prescription medications are often medically necessary. In fact, about two-thirds of Americans take at least one prescription medication. However, regardless of the reason a person is taking a drug, they are responsible for avoiding dangerous situations that may arise from its side effects.

Possible Consequences of a DUI

There is a wide range of possible legal consequences for a DUI. North Carolina uses a system consisting of five levels for DUI charges, with Level 5 being the least severe and Level 1A being the most serious. Depending on the severity of the offense (as determined by a judge), the consequences could include any or all of the following: 

• You could face jail time.
• Your driver’s license could be suspended.
• You may be required to pay a significant fine.
• A judge could order you to complete a predetermined amount of community service.
• You could be required to attend a substance use education program.

Special Considerations for DUI Involving Prescription Medication

In that five-level system for DUI charges, there are certain circumstances a judge may consider to be “mitigating factors,” or considerations that may reduce the gravity of the charge. If the substance causing the impairment is a medication that was prescribed to you, the judge may look at that fact as a mitigating factor. A skilled lawyer can help you fully understand your case.

Why You Should Hire a DUI Lawyer

A DUI charge is a serious legal situation, but one that many people find themselves facing at some point. In fact, North Carolina saw more than 24,000 DUI convictions in 2024. The legal system is complicated, and sometimes consequences can be more severe than they need to be because of a lack of legal knowledge or oversight.

If you find yourself in this difficult position, the first thing you should do is hire a DUI lawyer who has spent plenty of time at the Buncombe County Courthouse handling DUI cases. At Edwards Law, PLLC, we stand ready to help you face this challenge. Contact us today to speak with a member of our team.