Attorney
North Carolina takes DWI charges seriously. The consequences of a DWI conviction in North Carolina include fines, jail time, license suspension, increased insurance premiums, and more. Therefore, if you are facing DWI charges in North Carolina, you must mount a strong defense to your charges. In this article, we discuss common defenses to DWI charges.
You Were Not Driving the Vehicle
In North Carolina, the prosecutor is required to prove that you were driving a vehicle at the time of your DWI arrest. So, if you were intoxicated in your vehicle, but the vehicle was turned off and the key was not in the ignition, then your lawyer may be able to argue that you weren’t driving the vehicle within the meaning of the DWI law.
You Were Not on a Public Street or Highway
A DWI charge requires the defendant to have been operating a vehicle while intoxicated on a public street or highway at the time of the arrest. So, if you were arrested in your vehicle while on your own or another person’s private property at the time of the arrest, then this may provide a valid defense to your charges.
You Were Not Under the Influence
In North Carolina, a blood alcohol concentration (BAC) of .08% or above is considered above the legal limit to operate a motor vehicle. Typically, police officers use urine, blood, or breathalyzer tests to prove that a driver was above this limit when arrested. Therefore, if your BAC was under this limit at the time of your arrest, your attorney can assert this as a defense.
Invalid Test Results
Prosecutors often utilize chemical test results to convict defendants of DWI in North Carolina. However, even if your test indicates that your BAC was above the legal limit, you still may be able to challenge these results. For example, if there was an issue with how the test was administered, your defense attorney can use this to challenge the results. In addition, if there are issues with the chain of custody, your attorney can request that the court exclude the results of the test from evidence.
Your Constitutional Rights Were Violated
One requirement of a DWI arrest is that a law enforcement officer must have probable cause to believe you have committed a crime before pulling you over. If the law enforcement officer who arrested you did not have probable cause to pull you over, then the entire basis for your arrest could be invalidated due to this violation of your constitutional rights. In addition, if the officer who arrested you didn’t read you your Miranda rights after placing you under arrest, then any incriminating statements that you made could be excluded from evidence.
Contact a DWI Attorney
If you are facing a DWI charge in North Carolina, you need a knowledgeable and experienced DWI attorney on your side. At Sheffron Law Firm, P.A, we understand how difficult it can be to deal with a DWI charge. Therefore, when you come to us for help with your DWI case, we will mount an aggressive defense on your behalf. Please contact us today to schedule an initial consultation with an experienced North Carolina DWI attorney.