Teens who have ridden as passengers in cars driven by people impaired by drugs or alcohol may be more likely to drive under the influence themselves, recent research shows. North Carolina's underage impaired driving law subjects drivers under age 21 to much stricter alcohol restrictions than those that are applied to adults.
Teen DUI study
In a study published in the April 2014 issue of Pediatrics, researchers with the National Institutes of Health found that teenagers who have ridden in cars with impaired drivers are far more likely to drive after using drugs or alcohol than those who have not. The researchers suggest that this may be because teens who witness impaired driving may come to view it as normal behavior.
Specifically, the study found that 10th graders who reported riding in a car with a drunk or drugged driver were 21 times more likely to drive under the influence of alcohol or drugs by their senior year. The risk of underage impaired driving continued to rise as teens' exposure to intoxicated driving increased; teenagers who rode with impaired drivers at least once each year for three years were 127 times more likely to report driving drunk or high by grade 12 than those who never rode with impaired drivers, the study showed.
North Carolina DUI law
For adults in North Carolina, the law prohibits driving with a blood alcohol content (BAC) of 0.08 or higher, and anyone found driving above that limit is automatically considered too drunk to drive regardless of whether they exhibit other signs of impairment.
Under certain circumstances, it is also possible for a North Carolina driver to be convicted of impaired driving even if his or her BAC does not reach the 0.08 threshold. For adults age 21 and older, this can occur when there is other evidence that the driver is under the influence of alcohol, drugs or other impairing substance.
Drugged driving
Regardless of BAC level, drivers in North Carolina can be convicted of impaired driving when blood or urine tests show the presence of certain controlled substances, such as heroin or methamphetamine, regardless of the amount. Since certain drugs can remain detectable in the bloodstream for days after use, this means that it is possible to be charged with drugged driving in North Carolina even if the intoxicating effects of the drug have already worn off.
Underage DUI in North Carolina
In North Carolina, people under the age of 21 are subject to a zero-tolerance drunk driving law that makes it illegal for minors to drive with any detectable amount of alcohol in their systems. This means that drivers under 21 can face criminal charges if their BAC levels are anything other than 0.00, even if there is no other indication of impairment. Additionally, North Carolina law provides that underage drivers who refuse to take a BAC test can be convicted based solely on their refusal and the smell of alcohol on their breath.
Get legal help for impaired driving charges
If you or someone in your family is facing charges for impaired driving in North Carolina, be sure to discuss your situation with an experienced DUI defense lawyer. Depending on the circumstances of your case, a lawyer with experience in this area of the law may be able to help you minimize the negative consequences of the arrest and in some cases may be able to have the charges dropped entirely.