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NC DWI Law Series: North Carolina General Statute § 20‑16.5(b): Immediate civil license revocation for certain persons charged with implied‑consent offenses.

If you are charged with a DWI in Raleigh or elsewhere in North Carolina and you refuse to submit to a chemical analysis of your breath (in other words, the large breathalyzer machine at the police station — but not the portable unit that some officers carry in their squad cars), you will face revocation of your license for...

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NC DWI Law Series: North Carolina General Statute § 20‑138.1: Impaired driving.

Several sections of the North Carolina code address the issue of impaired driving.  The statute itself, describing the elements of the DWI offense, reads as follows: § 20‑138.1.  Impaired driving. (a)        Offense. – A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:...

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Can I be required to install an Interlock device when I don’t own a car?

We’ve talked previously about the Interlock Ignition System (IIS) that North Carolina law requires certain individuals to install in order to drive, following a DWI conviction.  But what if you fall into a category in which you are only permitted to get your standard license back after having driven with an IIS installed in your vehicle for a year?...

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Interlock Requirement in NC DWI Cases

Under certain circumstances when your license is revoked following a DWI conviction in North Carolina, you may be required to install an Ignition Interlock System (IIS) into your vehicle before you’re able to drive again.  The IIS is a device that is hard-wired into your vehicle’s ignition, which requires you to blow into a breathalyzer prior to operating your...

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DWI with a lost driver’s license?

If you’ve been charged with a DWI in North Carolina, you likely had your driver’s license suspended for 30 days.  If you did not have your driver’s license in your possession when you were stopped, however, you may not realize that the 30-day clock of your temporary revocation doesn’t start to run until you take an additional step: you...

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How Reliable Are the Standard DWI Field Tests?

Wake County police officers routinely use three Standardized Field Sobriety Tests (SFSTs) to measure impairment in individuals suspected of driving while impaired.  The three tests are: Horizontal Gaze Nystagmus Test (HGN), which purportedly measures impairment by revealing “jerkiness” in eye movement while the eyes track an object Walk-and-Turn test (WAT) One-Leg-Stand (OLS) The results of these tests, as reported...

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Can you get a DWI on a bike?

In North Carolina, against all good sense, you can be charged and convicted of DWI — driving while impaired — while riding your bike.  Your common sense might lead you to think that criminalizing the far safer option of riding a bike after consuming alcohol would be encouraged, when the alternative is operating an automobile, but in North Carolina,...

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How to get your driver’s license back after your DWI arrest in NC

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...

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Sequential breath tests required for admission of BAC evidence

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...

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