Raleigh DUID Attorney
Driving under the influence in North Carolina is generally believed to involve alcohol; yet, it is not uncommon for people from Raleigh, Wake County, and throughout the state to be charged with Driving Under the Influence of Drugs (DUID). Because drug impairment can be more difficult to prove—in comparison to the ease of proving alcohol consumption with a breathalyzer—North Carolina has several specific statues regarding DUID. Therefore, it is essential to contact a DUID attorney if you have been arrested for this crime.
At the Law Office of Dewey P. Brinkley, we boast extensive experience in DUID law in North Carolina, and we have successfully defended hundreds of clients accused with driving under the influence of Schedule I as well as other scheduled drugs. Through rigorous investigation regarding the circumstances of the alleged crime and aggressive representation in court, we can ensure the highest standards of legal defense.
For Raleigh’s leading criminal defense and DUID attorney, call the Law Office of Dewey P. Brinkley now. Meanwhile, you can learn more about DUID law in North Carolina by reading below.
North Carolina DUID Laws
DUID laws in North Carolina are very similar to other states. According to North Carolina statute § 20-138.1, drivers commit the offense of “impaired driving” if the following apply:
- Person is driving any vehicle upon any highway, any street, or any public vehicular area within North Carolina
- Person is under the influence of an impairing substance or with any amount of a Schedule I controlled substance, as listed in G.S. 90-89.
Although fairly easy to understand, proving the above measures creates challenges for police officers. In short, to charge someone with a DUID, police must observe and identify the driver’s impairment, obtain chemical evidence of the drug (through blood, urine, or other bodily substances), and then link the observed impairment with the drug’s presence in the body.
Zero Tolerance Impairment (Per se) in North Carolina means that it is unlawful for drivers under 21 years old to drive on highways or public vehicular areas with a controlled substance in their bodies. In this situation, drivers under 21 don’t have to be impaired to be charged with DUID through Zero Tolerance. Instead, as long as the court can prove that Schedule I controlled substances were in the body, that driver can be charged. On the other hand, however, Zero Tolerance doesn’t apply if the driver has a controlled substance legally obtained and taken in therapeutically appropriate amounts.
Violating North Carolina’s Zero Tolerance laws can result in two years of jail if found guilty.
What You Need to Know About DUID Charges
Being charged with a DUID carries many of the same penalties as a DUI offense (see below), and like many states, these penalties are exceedingly harsh. Nonetheless, there are specific regulations regarding the arrest and booking processes according to North Carolina law.
For example, legal entitlement is not a suitable defense, where the accused claims that he/she was legally entitled to the substance. However, drivers under 21 can use a legal entitlement defense as long as the substance was legally obtained and taken in the therapeutically appropriate amount.
If you are pulled over in Raleigh or Wake County, you are obliged to submit a blood, urine, or other bodily substance test, in accordance with the Implied Consent Law. Refusal to test does not result in criminal action, but it will cause an immediate 12-month license revocation. Keep in mind, however, that an arrest is required prior to testing, unless criminal process for the offense has been issued or before arrest only upon request of driver. It is also legal for officers to test unconscious people prior to making a formal arrest.
Potential Punishments for a DUID Offense
Drivers arrested for driving under the influence of drugs in North Carolina will be subject to the state’s DWI penalties. Therefore, if you’re convicted of DUID, this conviction will apply to both drug and alcohol related driving offenses in the future. Like a DWI, punishments are divided into Levels 1-5, whereas imprisonment and fines are determined through grossly aggravating factors, aggravating factors, and mitigating factors.
How a Raleigh DUID Attorney Can Help
If being arrested for a DUID, it is essential to remember that you have rights in these situations. Remember that you can employ your right to remain silent at your own discretion, as anything you do say can (and will) be held against you. Nevertheless, you should always get the aid of an experienced DUID attorney in these cases, as unlike DWI cases with a specific BAC, levels of impairment are rarely measurable.
With Attorney Dewey P. Brinkley at your side, you can expect one of Raleigh’s leading defense attorneys to guide you through the case. In addition to making sure you understand the law and potential consequences, the Law Office of Dewey P. Brinkley will leave no stones unturned, from investigating arrest procedures and the prosecution’s evidence to aggressively defending you in court.