In most cases, if you’re arrested for a DWI in North Carolina, the arresting officer will keep your license and inform you that it is being revoked for 30 days. This is known as a civil revocation of your license, and takes place at the time you are initially charged with a DWI by a magistrate, prior to your release.
If your case is in Wake County, your license is held at the...Read More
In North Carolina, in order for the State to introduce evidence of a BAC (Breath Alcohol Concentration) at a trial for driving while impaired (DWI), a number of criteria must be established to meet the admissibility requirements of that evidence of impairment. One such requirement relates to the number and sequence of breath tests on the Intoxilyzer EC/IR II machine that is currently...Read More
If you’re pulled over and investigated for a DWI in Raleigh or anywhere else in Wake County, you’ll likely be asked to perform what’s called the Horizontal Gaze Nystagmus (HGN) test, which is one of three Standardized Field Sobriety Tests (SFSTs) promoted by the National Highway Traffic Safety Administration (NHTSA) to make it easier for cops and prosecutors to get...Read More
One method of securing DWI and other drunk driving arrests used by Raleigh and Wake County police is to set up DWI checkpoints, where the breathalyzer machine typically found only at the police station downtown is brought into the field in the so-called “BATmobile.” Last month, on July 13, 2012, a checkpoint was set up in Wake County that resulted in 90 citations, 17 of which were...Read More
Many people in North Carolina are entirely unaware of the State’s harsh law prohibiting the operation of a vehicle after consuming any amount of alcohol by individuals under 21. Under NCGS 20-138.3(a), “Driving by person less than 21 years old after consuming alcohol or drugs,” in the same section of the code as NC’s DWI statute, the law is stated as follows:
It is...Read More
While North Carolina’s DWI statute is quite harsh for drivers in Raleigh and statewide, there is a limit to the State’s ability to prosecute individuals on weak evidence of impairment by alcohol. Specifically, an officer smelling alcohol on a driver’s breath, by itself, is not enough to support a finding of impairment.
In a civil case, Atkins v. Moye, 176 S.E.2d 789 (1970),...Read More