Morganton DWI/DUI Lawyer

There is a restriction on how much alcohol you can have in your system while driving, just like in other states. This restriction is different for regular drivers since commercial drivers must adhere to more stringent criteria to travel safely. While it is possible to be charged with a DWI just by drinking more than the legal limit, there are other circumstances in which a DWI might arise.

In North Carolina, you can be charged with a DWI under the following circumstances:

• You have a blood alcohol content (BAC) of 0.08 percent or above and fail a breathalyzer test.
• You have any amount of a Schedule 1 controlled substance or its derivatives in your urine or blood.
• You are a motorist under the age of 21 who is under the influence of drugs or alcohol.
• You are a commercial vehicle driver with a blood alcohol content (BAC) of 0.04 or higher.

Drivers are frequently pulled over and suspected of intoxication due to their driving style. DWI defendants appear inebriated because they drive recklessly and are arrested after failing a field sobriety test or displaying other indicators of alcohol impairment.

Even though these approaches are not without flaws, prosecutors can nevertheless use them to secure a conviction. A skilled attorney can assist you in your case by arguing against the evidence’s validity.

Law enforcement can evaluate drivers in various ways to determine if they should be arrested for driving while intoxicated. If an officer suspects you of driving under the influence, they will stop you and administer one of these tests. If you are arrested, the results of these tests may be used against you in court.

A set of three tasks, standardized field sobriety tests include the horizontal gaze nystagmus test, the walk and turn test, and the one-leg stand test. Field sobriety tests are seen as a less reliable type of proof. Chemical tests determine a person’s blood alcohol content by testing their breath, blood, or urine (BAC). Chemical testing is considered significant evidence. However, breath tests must meet administrative and regulatory conditions to be accepted in court.

BAC testing appears to be a valid method of determining whether someone was driving while intoxicated. However, these are not foolproof techniques. Criminal defense attorneys know how to use the illegitimacy of these tests to undermine the prosecution’s case.

Prosecutors commonly use blood alcohol test results in North Carolina to substantiate DWI charges in court. Breathalyzers and blood tests are two standard testing methods. All people who drive on the highway in North Carolina give their implicit permission for a blood alcohol test under the state’s Implied Consent Law. 

While drivers have the freedom to refuse DWI breath and blood tests, they will face serious consequences if they do so. Even if you are found not guilty, a willful refusal of a blood alcohol test can result in a one-year license suspension.

In North Carolina, drivers must be given written notice of their rights regarding blood alcohol tests by police. Officers are also required by law to inform drivers of their right to refuse a breath test and prohibited from administering a blood alcohol test to a driver who has refused. A search warrant is required before a law enforcement officer can give a blood alcohol test to a driver who refuses one. 

Should a driver decide to take a blood alcohol test, they can talk with an attorney and have a witness present during the blood alcohol test. However, this is only permitted if it doesn’t delay testing for more than 30 minutes. If they wish, drivers may request a third-party alcohol test be done following a one administered by the police. 

Officers must ensure that you understand your rights. They risk violating your rights and having their case against you dismissed if they do not comply.