What You Need to Know About DWI Charges in NC

When it comes to prosecuting DWI cases, North Carolina is a no-nonsense state. First, it’s an implied consent state. What that means is that getting behind the wheel and driving, you’ve automatically consented to testing of your blood alcohol concentration if a police officer who stopped you has a reasonable and articulable suspicion that you’re under the influence of alcoholic beverages. According to our NC traffic attorneys, that usually comes in the form of an entry on an arrest report and subsequent testimony that the officer smelled a strong odor of alcohol on the defendant’s breath, his or her eyes were glassy and bloodshot, and he or she had slurred speech.

Field Sobriety Tests

For purposes of obtaining additional evidence of possible intoxication, the officer who stopped you is likely to ask you to perform certain standard field sobriety tests. Note, the pivotal word here is “ask.” A driver might be spoken to in a commanding or intimidating tone, but the detaining officer is only asking him or her to take the tests. North Carolina Law doesn’t require a suspected DWI driver to take field sobriety tests. North Carolina traffic lawyers are in general agreement that drivers shouldn’t consent to these tests. As there are no penalties for refusing to perform them, politely refuse to take them. They’re probably going to be recorded on a dash or body cam, and they could be incriminating. Drivers might also be asked to blow into a portable field sobriety device to test their blood alcohol concentration. Politely refuse to take that test too. Your refusal can’t be used against you.

Is Breath Testing Mandatory in NC?

According to our North Carolina traffic attorneys, breath testing on a DWI stop isn’t mandatory. A driver can refuse to take the test, but there will likely be consequences. A 12-monh driver’s license revocation can result from a refusal. There are defenses to the revocation, so drivers will want to speak with a North Carolina traffic attorney from the Law Office of Tony Huynh as soon as they are released from custody. Time is of the essence in this regard.

Defenses to DWI in North Carolina

Based on all the evidence in the case, a quality North Carolina traffic lawyer is going to weigh the totality of the legal options that are available to their client and advise him or her accordingly. The case might warrant pretrial motions like a motion to suppress evidence illegally seized or to quash and illegal arrest. It might also be advisable to work toward a favorable plea agreement. Then, there’s always the option of a bench trial when a judge hears all the evidence and renders a verdict, or a jury trial when a judge rules on the admissibility of the evidence and a jury renders a verdict. Some common defenses follow:

• The defendant wasn’t driving at the time of being detained.
• The arresting officer had no reason to make the traffic stop.
• The subjectivity of field sobriety test results.
• Inaccurate or improperly performed breath testing.
• Improperly performed blood testing or breaches in the chain of custody of drawn blood.

What if I’m Found Guilty of DWI in a Trial?

North Carolina has some of the harshest DUI sentencing laws in the United States. A sliding scale has been put in place for first offender sentencing. Much depends on mitigating and aggravating factors involved in the case. Penalties can range from a $200 fine and probation to a $4,000 fine and a prison sentence of up to two years. Successful completion of a drug and alcohol education program will also be required. A DWI conviction also has ramifications on your personal life. It will show on a criminal background check for the rest of your life. Your car insurance premiums will be drastically increased the conviction might affect your present or future employment. Multiple DWI convictions carry substantially harsher penalties.

After a fun night out, a DWI isn’t anything to laugh about. Don’t risk going to jail time, high fines and your career. Contact an NC traffic attorney at the Law Office of Tony Huynh as soon as you’re released from custody. Your best interests are his top priority.