When most people hear “DWI,” their mind immediately jumps to “alcohol” and for good reason. Approximately 75% of DWI arrests involve some level of blood alcohol content. But in North Carolina, you don’t have to be drunk to be charged with impaired driving. In fact, many residents are surprised to learn that legal medications, over-the-counter cold medicine, or even extreme fatigue can put them at risk.

If you’ve been arrested for a DWI and weren’t drinking, you’re not alone (and you may still have options.)

North Carolina DWI Laws Go Beyond Alcohol

Under North Carolina law, a driver can be charged with DWI if they are operating a vehicle while impaired by any substance that affects their ability to drive safely. Alcohol is only one of those substances, but list is more extensive than many realize. An “impairing substance” can be:

• Prescription medications
• Over-the-counter drugs
• Illegal drugs
• A combination of substances
• Anything that affects mental or physical functioning behind the wheel

In other words, impairment (not intoxication) is the legal focus. If a substance interferes with your cognition, it can trigger the same DWI consequences as alcohol.

Prescription Medications and DWIs

Many prescription medications come with warnings about drowsiness, slowed reaction time, or impaired judgment. Common examples include:

• Pain medications
• Anti-anxiety drugs
• Sleep aids
• Muscle relaxers

Even if the medication was legally prescribed and taken as directed, a driver can still be charged with a DWI if law enforcement believes it affected their ability to drive safely.

Can Cold Medicine Really Lead to a DWI?

Yes. Some over-the-counter cold and flu medications can cause drowsiness, slower reaction times, and difficulty focusing behind the wheel. If an officer observes these signs of impairment during a traffic stop, that can be enough evidence to support a DWI arrest.

What About Fatigue?

Extreme exhaustion can mimic signs of impairment. While fatigue alone isn’t a substance, it can still factor into an officer’s observations during a stop. Slurred speech, slow reactions, or difficulty following instructions may raise suspicion and contribute to an arrest.

You Don’t Need a High BAC (or Any BAC) To Be Charged

For alcohol-related DWIs, North Carolina uses a blood alcohol concentration (BAC) of 0.08% as the legal limit. However, there is no specific “legal limit” for drugs or medications. That means officers and prosecutors often rely on situational evidence, such as field sobriety test results, officer observations, or statements made during the stop. These cases can become highly subjective, which is why experienced legal representation matters.

What This Means If You’re Facing a DWI Charge

A DWI charge can carry serious consequences, whether alcohol was involved or not. License suspensions, fines, and even jail time may all be on the table. Drug-related DWIs are often more complex than they appear, and the details of the traffic stop matter tremendously. This is where the right defense makes all the difference. The Gross Law Team examines the evidence, challenges how procedures were handled, and protects your rights every step of the way.

Talk to a North Carolina DWI Defense Attorney

If you’ve been charged with a DWI and weren’t drunk, don’t assume the case is straightforward. North Carolina DWI laws are broader than many people realize, and the outcome of your case can depend on how it’s handled from the very beginning. Contact the Gross Law Group to discuss your situation and learn what options may be available to you.