Asheville motorists struck by drivers under the influence of drugs or alcohol are empowered to seek recovery help. Victims would file accident claims to seek support for hospital bills, the paychecks they must forfeit while missing work, and other hardships.
Melrose Law fully investigates accidents and at-fault drivers. We secure strong evidence for our clients, so the blame stays 100% on impaired drivers. To find out if a lawyer can help you earn more, contact us to schedule a free, no-obligation consultation.
We want to get you paid sooner, paid more, and allow you time to focus on healing while we handle the frustrating parts of an accident claim.
What Amount of Drugs Is Illegal for North Carolina Drivers?
There is no legal limit for illegal drugs in someone’s system when it comes to drivers in North Carolina. In fact, there’s zero tolerance for drivers with any amount of an illegal substance in the bloodstream. Any amount found can result in a DWI charge for drivers stopped by officers or who cause accidents.
Testing for these drugs, like the THC in marijuana, can be tricky because blood and urine screening can be unreliable for the content in the bloodstream. Testing also struggles to reliably show how long ago the drug was taken. So in DWI stops, the judgment of the Asheville Police Officer or the NC Highway Patrol Officer weighs heavily in such cases. The officer would charge a driver for Driving While Impaired if the motorist were showing “appreciable” signs of impairment.
Marijuana use is not legal in North Carolina. It’s on a list of controlled substances banned in the state. The substances included are listed in North Carolina General Statutes (G.S.) 90-89. These prohibited drugs can include marijuana, fentanyl, meth, and heroin.
It’s important to note that legal, prescription drugs, including medical marijuana from other states, can still result in DWI charges. Drivers who show impairment from any drug can face charges.
How Can I Prove a Driver Was Using Drugs Before Hitting Me?
In a perfect world, the investigating officer would see obvious signs of impairment from a drug and assign blame to the correct driver. But evidence you collect and the details your Asheville car accident lawyer secures can aid in proving who was to blame for a collision and why.
Officers can rely on field sobriety tests to prove a driver was impaired. Officers may be certified as a Drug Recognition Expert (DRE) and be able to use that training to determine drug use. Officers may call in a DRE.
Investigating officers can later order chemical testing. In some cases, suspects can refuse testing, but in North Carolina, they’d automatically face a 30-day civil license revocation and an additional one-year license suspension. This is separate from any criminal charges.
The refusal can also serve as evidence in your claim against the driver’s car insurance company.
You should also collect and note evidence at the scene of your accident. If you see signs of obvious impairment in the way the suspect was driving before the accident, you should inform the investigating officer. If you see drug paraphernalia in the suspect’s car or see the suspect dump certain evidence out of the car, inform officers of that, too. If you speak to the other driver and notice red eyes, a certain smell, or slurred speech, turn that information over. Take photos of any evidence you see, if possible.
Your lawyer will also secure evidence to help you prove who was at fault, regardless of drug use being involved. Your lawyer could secure any security footage or dashcam footage. Your lawyer could also rely on accident reconstruction teams to show the mistakes the other driver made. The witness contact information you may have obtained will be used by your lawyer to secure powerful testimony in your favor.
Do I Have to Wait Until the Suspect is Convicted of DWI in a Criminal Trial to Get Support?
The at-fault driver will likely face DWI charges and perhaps a trial, but victims don’t have to wait on the outcome to demand support. The car accident claim is resolved separately and can be filed at any time.
The status of a criminal case doesn’t prevent the victim from seeking justice. Victims can be responsible for the consequences of an accident even if they aren’t proven to have been under the influence of drugs or alcohol.
Contact an Asheville Car Accident Lawyer After a Collision Caused by a Driver on Drugs
If you suffer a serious injury in an accident, you may require the help of a skilled attorney to secure the support you need to recover. If your accident was caused by a drunk or drug-impaired motorist, you’ll want to make sure that driver faces justice and pays for the consequences you face.
Melrose Law offers a free case consultation to all mountain car accident victims. There’s no obligation for your case review, and your consultation remains completely confidential.
However, if you require our help to get fair treatment, you won’t need any upfront money to hire us. We don’t get paid unless we’ve won our case for you. Then our fee is paid out of the settlement check you earn.
