If you have received a North Carolina DWI Ticket or North Carolina DUI Ticket in the Triangle, you are likely looking at the many Raleigh DUI Attorneys and Durham DUI Attorneys available. Before you decide on who to hire, review the below information for some insight into North Carolina DWI Defense.
First, though North Carolina’s ‘drunk driving’ law is specifically a ‘DWI’ (Driving While Intoxicated), it is also commonly referred to as a ‘North Carolina DUI’ (Driving Under the Influence), North Carolina OUI (Operating Under the Influence), North Carolina OWI (Operating While Intoxicated), and even North Carolina Drunk Driving.
Under North Carolina DWI Laws, the state must prove three things: 1. you were driving, 2. on a North Carolina Public Street, Highway, or Public Vehicular Area (normally parking lots), and that you had 3. either, a. “consumed a sufficient quantity of an impairing substance so that your mental and/or physical faculties were appreciably impaired” or b. that your blood alcohol concentration was .08 or more.
From the time the officer first happens upon you, he or she is gathering evidence for a possible charge of DWI. Everything from the way you were driving, to your appearance, to your smell will be evaluated. Additionally, the officer will use the results of any Field Sobriety Test as well as the positive result of the AlcoSensor and the numerical value of the Intoxilyzer EC/IR II or Intoximeter 5000 in their case against you.
Fortunately, there are many guidelines by which the officers must operate within in order for the evidence they gather to be used against you. For example, failure to wait the appropriate times and/or administer the test in accordance to the standards set by the National Highway Traffic Safety Administration may make their results inadmissible at court. Additionally, a good Raleigh DWI Attorney or Durham DWI Attorney will attempt to poke holes in the evidence in order to detract from the State’s case against you.
The following pages give an overview of the process of a North Carolina DUI stop and arrest, our recommendations on what to do when you are stopped for a potential DWI/DUI charge, the process of a DWI/DUI through the North Carolina Court System, the North Carolina DUI Sentencing Structure, and options for retaining some or all of your driving privileges.
To speak immediately with a North Carolina DWI Lawyer, contact M. Moseley Matheson at 919-335-5291 today for your consultation.