DWI Defenses in North Carolina

Getting arrested and charged with driving while intoxicated (DWI) is a scary and stressful situation. However, it doesn’t necessarily mean that you will be convicted and spend time in jail. There many defenses that a skilled DWI attorney can use on your behalf in court. If you have been charged with drunk-driving in Charlotte, NC, you should contact an experienced defense lawyer as soon as possible.

During your case, the prosecution must prove that you were driving. It sounds simple enough, but when accidents occur there are not always witnesses to testify that you were the one driving the vehicle at the time.

In addition, there also must be probable cause to arrest you in the first place. If your lawyer determines that the police officer did not have probable cause to stop you or arrest you, evidence may be suppressed during your trial.

If the officer did not inform you of your Miranda rights during your arrest, incriminating statements may be thrown out in court.

During a DWI case, the arresting officer will be called to testify about your appearance and behavior on the day of your arrest. Your attorney will question the officer’s observations and opinions about whether or not you were intoxicated. Witnesses may be called to testify on your behalf that you appeared sober.

Blood alcohol concentration (BAC) tests are not always accurate. Breath tests are notorious for registering chemicals on your breath, such as mouthwash and mints, as alcohol. If the breath-testing device is not maintained or calibrated properly, your attorney will use this as a defense.

BAC testing is unreliable if it is done while your body is still absorbing the alcohol (this process can take from 45 minutes to 3 hours). If you had food in your system or one last drink before getting in your car, this will impact your test results.

Your defense attorney can also bring up retrograde extrapolation as a defense. This means that the BAC must be calculated to reflect what it was at the time of driving, not the time of the test. If an hour elapses between when you were pulled over and when the test was taken, this will lead to an inflated test result since your body is still absorbing the alcohol.

To discuss your DWI case and which defense you should use, contact a local attorney today.

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