OVERVIEW
"Driving while impaired" is a serious criminal charge and North Carolina has strict laws and policies when it comes to this crime. Political pressure, media attention and social stigma have forced the State to prosecute offenders without offering a reduction or chance for dismissal. Driving while impaired offenders are exempt from first offender programs and cannot by law receive a "PJC." Because the legislature has tightened DWI laws, and the judiciary has interpreted these laws in favor of the prosecution, it is more important than ever to have representation by a skilled attorney who knows how to defend a driving while impaired charge.
AREAS OF ATTACK
There are several areas of a DWI arrest and charge that can be challenged in court.
- The stop - Did the Officer have a valid reason to stop the vehicle ?
- Check point - Was the check point a valid check point in accordance with North Carolina Law?
- Probable Cause - At the time of arrest did the Officer have PC to arrest the driver?
- Standard Field Sobriety Tests - Were these tests administered according to the correct standards and what do the results of these tests really show?
- Breathalyzer - Was the instrument correctly calibrated, was it administered correctly?
- Custody Procedures - Did law enforcement follow procedures by reading the driver his rights, allowing him to call a witness, and providing for his release in an expedient manner?
- Evidence - Can the state get the necessary witnesses into court?
- "Beyond a Reasonable Doubt "- The State has the burden to prove the crime to this standard for the driver to be found guilty.
PUNISHMENTDriving While Impaired has its own punishment system depending on several factors: Driving record, amount of alcohol involved, cooperation with law enforcement, facts surrounding the incident, etc.. A driver convicted of driving while impaired may face:
- 2 years in Prison
- Probation
- Excessive Fines
- Community Service
- Interlock device installed in Vehicle
- Period of Revocation
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