11/13/2026

Drunk vs. Drugged Driving: Why Detection Is Different in NC

Auto, Truck and Motorcycle Accidents, Press Releases,

What North Carolina crash victims should know when drug impairment is suspected

If you’re in a wreck caused by an impaired driver in North Carolina, the driver is usually tested for BAC (blood alcohol content). However, there’s a chance that the driver won’t be tested for impairment by drugs, whether prescription or illegal. And that could make it harder to hold the driver liable.

A recent national investigation by the San Francisco Chronicle found that in North Carolina, only 8% of drivers killed in crashes in 2023 had a drug test recorded in federal traffic safety data. That was the lowest reported percentage among states cited in the investigation.

The finding doesn’t necessarily mean the remaining drivers weren’t tested. But it brings up troubling questions about how often drug impairment goes undetected or unreported.

And when impairment isn’t identified, the consequences can go beyond the immediate crash. A dangerous driver may escape an impaired-driving charge and return to the road, potentially putting others at risk.

Why drugged driving is harder to detect

Police have well-established procedures for identifying alcohol impairment, including breath tests and measurements of blood alcohol concentration.

Drug impairment is more complicated.

Unlike alcohol, there is no single, widely accepted roadside measurement that establishes impairment from marijuana, cocaine, methamphetamine, prescription painkillers, or other drugs.

Even a positive toxicology test may not establish that a driver was impaired at the time of a crash. Some substances remain detectable in a person’s blood long after their impairing effects have diminished.

The Chronicle investigation found that officers regularly lack specialized training to recognize drug impairment. Toxicology testing practices also vary widely, even following fatal crashes.

That creates a potential problem for injured motorists seeking compensation.

What happens when drug impairment isn’t documented?

In North Carolina, an injured person doesn’t necessarily have to prove that another driver was impaired to establish negligence. Speeding, distracted driving, running a red light, or other unsafe behavior may provide evidence of liability.

But evidence of drug impairment can be important in establishing the circumstances of a crash and, potentially, whether punitive damages are appropriate.

And there’s another concern: If a drugged driver isn’t caught, what prevents that driver from causing another crash?

An impaired-driving investigation can lead to criminal charges and, depending on the circumstances, license consequences, treatment requirements, and other measures intended to protect the public.

When impairment is overlooked, those opportunities may be missed.

What can crash victims do at the scene?

Michele Cybulski, Managing Personal Injury Attorney at Deuterman Law Group advises that if you suspect another driver is impaired, you can take steps to ensure your concerns are documented, including:

1. Tell the investigating officer what you observed. Describe unusual driving, erratic behavior, confusion, drowsiness, or other specific observations. Don’t simply accuse the driver of being high.
2. Ask whether impairment is being investigated. Explain why you suspect drugs may be involved, such as you smelled weed coming from the driver, or you saw syringes or pill bottles in the vehicle, or saw them struggling to keep their eyes open. You can ask whether an officer trained to recognize drug impairment should be consulted.
3. Identify witnesses. Other motorists or bystanders may have observed dangerous driving before the crash or unusual behavior afterward.
4. Preserve evidence. If you can do so safely, document the scene, vehicle positions, and other relevant details. Preserve dashcam footage and witness contact information.
5. Pursue the investigation. Obtain the crash report when available, report factual omissions, and think about consulting a personal injury attorney about preserving additional evidence.

Beyond compensation: Preventing the next crash

North Carolina has done a good job addressing drunk driving. Drugged driving calls for better officer training, more consistent toxicology testing, and improved reporting of drug-related crashes.

For people injured by impaired drivers, the issue is immediate and personal. They want their medical bills paid, their lost income recovered, and their lives restored as much as possible.

But a larger public safety question remains.

When a drug-impaired driver causes a crash, and the drug use is undetected, who is protecting the next potential victim?

Media availability

Michele Cybulski is available for interviews (phone or video) and can provide concise, consumer-friendly explanations.

About Deuterman Law Group

Deuterman Law Group is a North Carolina-based law firm representing individuals and families in veterans’ disability, workers’ compensation, Social Security disability, personal injury, and employment matters. The firm advocates for clients navigating complex legal systems and is committed to education, accessibility, and community service.

FAQs

Q1: Why is drug-impaired driving harder to detect than alcohol-impaired driving?

Ans: There is no single, widely accepted roadside measurement that establishes drug impairment, and a positive drug test may not prove impairment at the time of a crash.

Q2: Must an injured person prove the other driver was drug-impaired to establish negligence?

Ans: Not necessarily. Speeding, distracted driving, running a red light, or other unsafe behavior may provide evidence of liability.

Q3: What should I tell an officer if I suspect drug impairment after a crash?

Ans: Describe specific observations such as unusual driving, confusion, drowsiness, or other behavior, and ask whether impairment is being investigated.

Q4: What evidence should a crash victim preserve?

Ans: If safe, document the scene and vehicle positions, preserve dashcam footage, and collect witness contact information.

Q5: What if the crash report leaves out relevant observations?

Ans: Obtain the report when available, report factual omissions, and consider speaking with a personal injury attorney about preserving additional evidence.