Charlotte, NC DUI/DWI Law Attorney
|
 |
 |
 |
Why You Need A Lawyer
A research study conducted by the CBA/26th Judicial Partnership Project analyzed public perception of Mecklenburg County Courts. In part, it was determined:
Having an attorney has an impact on the outcome of cases.
Among those involved with the court system, a rather shocking conclusion evolved:
Many defendants do not understand how the court system works or what ‘happened’ to them in court. The Perception Survey found that 32.7 percent of those charged disagreed with the statement that they understood what occurred in the courtroom.
Put simply, a considerable number of people who have had past experiences with the court system did not understand what happened. That is a disturbing conclusion, in that a conviction for DWI carries with it a mandatory license suspension for one year, costs of court, and fines. Courts can require community service, jail time and supervised probation when deemed appropriate... even on a first offense.
The Defense of Your DWI Charge
Effective defenses are available in DWI cases, despite recent changes to the law. Now, more than ever, the knowledge, training and experience of your DWI attorney are important. Before making ANY decision, call for a free consultation. At Bush & Powers, we’re here to help!
Like many states, North Carolina DWI law includes both a traditional driving while impaired charge and a per se “prong” in order to be found guilty of Driving While Impaired. Typically, when people are arrested for DWI or a related North Carolina DWI / DUI or impaired driving charge, they will confront both aspects of the legal issue.
For all intents and purposes, the terms Driving While Impaired (DWI) and Driving Under the Influence (DUI) are the same and apply to offenses involving controlled substances in addition to alcohol. Under North Carolina DWI law, one can be Driving While Impaired after consuming alcohol, taking drugs and even from prescription medications. Recent changes to the North Carolina DWI law allow for a conviction, even if you are not technically impaired from the use of certain classes of drugs or medications.
For purposes of the traditional Driving While Impaired charge, North Carolina DWI law requires an "appreciable impairment” while driving a motor vehicle. This basis for conviction does not depend on a particular blood alcohol level (BAC or BrAC), such as North Carolina’s per se law, which relates to a blood or breath alcohol level of .08% or higher.
Learn more about DWI/DUI Defense.
Per Se DWI Violations
The North Carolina General Assembly recently expanded the DWI law to include certain substances within the blood that are considered a per se basis for conviction. For example, Schedule I controlled substances fall under the per se prong of the statute. Even if you have been lawfully prescribed certain medications that are listed as Schedule I controlled substances, you can be found guilty of DWI or driving while impaired. That is true even if you are not under the influence of the medication at the time and it only remains in your bloodstream from past use!
Most prosecutors will attempt to prove the traditional North Carolina DWI charge by demonstrating appreciable impairment through the suspect’s driving pattern, their physical appearance, their performance on Standardized Field Sobriety Tests or “dexterity tests” and the chemical analysis or test results.
Field Sobriety Tests
North Carolina DWI law for the per se charge doesn’t care about how the individual was driving, how they appeared, how well or poorly they did on field sobriety tests or anything else other than the chemical test results. For the purposes of the North Carolina per se laws, the primary issue relates to blood or breath alcohol levels of .08% or higher. North Carolina law allows portable breath testing devices such as the AlcoSensor to determine whether Probable Cause exists for arrest. The AlcoSensor and other portable breath testing devices CANNOT be used as substantive evidence of guilt for DWI / DUI or impaired driving at trial.
Roadside field sobriety tests or dexterity tests CAN be used as evidence of impairment. There are a host of different tests used to make a determination of Probable Cause and Impairment. The most common field sobriety tests are:
- The Horizontal Gaze Nystagmus
- The One Legged Stand
- The Walk & Turn or “Heel to Toe”
North Carolina has tough DWI / DUI and Impaired driving laws and punishments. Recent amendments to North Carolina DWI / DUI laws include provisions that:
- Strengthen the open container law to prohibit anyone in a motor vehicle from having open containers of beer, wine, or other fortified liquors while inside a vehicle.
- Expand the definition of a public street or highway to almost any area within the state where a vehicle may be operated. For example, beaches, sidewalks, driveways, parking lots and fields can be determined “public streets or highways” for the purposes of a DWI conviction.
- Expand the definition of a motor vehicle, which may include bicycles, lawnmowers, scooters and farm equipment. As such, it is possible to receive a DWI for driving while impaired on the beach or while cutting grass in the front yard.
- Require the ignition-interlock device if the person is found guilty of driving while impaired with a Breath Alcohol Content (BrAC) of .16% or higher.
- Establish a blood alcohol content limit of 0.04 for those who have been convicted of a DWI and have had their license reinstated.
- Establish a blood alcohol content limit of 0.04 for Commercial Drivers License (CDL) drivers, while operating a commercial vehicle.
- Establish additional information gathering for purchases of kegs.
- Remove the possibility of a period of non-operation of a motor vehicle in lieu of community service. Those convicted of driving while impaired must perform a specified period of community or serve active jail time, which is at the discretion of the Judge.
Read Attorney Bill Powers's article "The Interlock Device - Buck Rogers meets Learned Hand."
When you need experienced legal counsel to defend your DWI charge in North Carolina, contact Bush & Powers for a free initial consultation.
