N.C. General Statutes Section 20-138.1 Section 20- 138.3
Type of DUID Law:
Per se for Schedule 1 controlled substances §20-138.1(3), Under the influence for other scheduled drugs and other impairing substances §20-138.1(1), and Per se for all controlled substance for Persons under age 21 §20-138.3.
- 20-138.1
(a) Offense. – A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:
(1) While under the influence of an impairing substance; or
(3) With any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine.
- 20-138.3 (per se for persons under 21)
- It is unlawful for a person less than 21 years old to drive a motor vehicle on a highway or public vehicular area while consuming alcohol or at any time while he has remaining in his body any alcohol or controlled substance previously consumed, but a person less than 21 years old does not violate this section if he drives with a controlled substance in his body which was lawfully obtained and taken in therapeutically appropriate amounts.
Type of Drugs Prohibited:
Controlled substances as defined by N.C.G.S. Chapter 90, any other drug or psychoactive substance capable of impairing a person’s physical or mental faculties, or any combination of these substances.
Required Proof:
- Defendant was driving a vehicle in North Carolina on a highway, street, or public vehicular area; and
- Defendant had any amount of a Schedule I controlled substance, as listed in F.F 90-89 or its metabolite in his/her blood or urine; or
- Defendant was under the influence of an impairing substance; or
- Defendant was under 21 years of age and had any controlled substance in his/her body.
Possible Defenses Allowed by Statute:
Legal entitlement is not a defense to Section 20 -138.1. It is a defense to the per se section if the person less than 21 drives with a controlled substance in his body which was lawfully obtained and taken in therapeutically appropriate amounts.
Implied Consent for Drugs: Yes.
Special Circumstance:
A driver may be compelled to submit to a test via other lawful procedures (i.e. search warrant or court order or without a warrant when exigent circumstances exist)
*Source: North Carolina Public Safety—Driving While Impaired
Marijuana use in vehicle: North Carolina does not allow the recreational or medicinal use of marijuana.
Reference: Drugged Driving: 2016 Summary of Key Provisions of State Laws
