One of the most shocking aspects of the North Carolina’s already harsh DWI statute is the provision on aiding and abetting. In North Carolina, you don’t have to be driving a vehicle to be convicted of driving while impaired. If you simply ride in a vehicle with an impaired driver, “all who participate are guilty as principals.” State v. Nall, 79 S.E.2d 354 (1953)....Read More
Some states make it a crime to drive a vehicle “under the influence” of an intoxicant (as in a DUI), and in North Carolina it is a crime to drive “while impaired” (DWI). In NC, the Court of Appeals has directly addressed the question of what it means to be guilty of the impairment requirement of the DWI statute (which is codified at NCGS 20-138.1).
According to the...Read More
If you are convicted of a DWI (driving while impaired) in Raleigh or elsewhere in North Carolina, you will be required to obtain a substance abuse assessment from a local service provider, and complete the recommended treatment or education, in order to get your driver’s license reinstated. In fact, if you want to get a limited driving privilege during the initial suspension of your...Read More
I discussed previously the rights a North Carolina driver has to refuse to 1) answer any questions during a DWI (driving while impaired) stop/investigation, 2) refuse to participate in any field sobriety tests, and 3) refuse to blow into the portable, handheld breathalyzer unit that officers often carry in their squad cars (in NC, this is the Alco-Sensor device).
All of these tactics are used...Read More
Continued from previous post:
Rule #3: You do not have to blow into a portable/handheld breathalyzer unit, and you almost certainly should not. Many people mistakenly believe that if an officer asks an individual suspected of driving while impaired, or driving after drinking alcohol, that the driver is required to blow into the portable breathalyzer on the scene. In fact, the driver is not...Read More
Continuing from the previous post on your rights during a DWI stop and investigation, in which you may be suspected of driving while impaired or other alcohol-related driving offenses.
Rule #2: You do not have to participate in any field sobriety tests, and you almost certainly should not. Many people mistakenly believe that they have no choice but to submit to a field sobriety test, once an...Read More