Defending Against a DWI Charge in North Carolina

September 14, 2012

North Carolina has some of the most stringent Driving While Impaired laws in the nation. The state has five different levels of severity of DWI charges, but even drivers convicted of the lowest level may face jail time and stiff fines. Drivers in North Carolina should know some of the ways they can defend against DWI charges.

Get Help Early

One of the most critical steps to mounting a good defense to DWI charges is to seek legal assistance as early on in the process as possible. Immediately upon arrest, drivers suspected of DWI should insist on exercising the right to have an attorney. Those who do not hire an attorney right away should find a lawyer as soon as they are able so the lawyer can begin preparing the case. Timelines for some administrative penalties associated with DWI charges, such as loss of driving privileges, move extremely quickly.

Drivers arrested for suspected DWI should seek out lawyers who are well versed in DWI defense and have a history of success.

Dealing with Breathalyzer Tests

Many people believe that if they failed a breathalyzer test they should not bother fighting a DWI charge. However, experienced DWI attorneys can raise a number of challenges to breathalyzer test results. For example, some potential problems with breathalyzer test results include:
-The test administrator did not sufficiently warm up the machine to the proper operating temperature
-The test administrator did not ensure the breath sample was deep enough in the driver's lungs
-The test administrator was not adequately trained or certified to administer tests
-The machine malfunctioned
-The driver has health conditions that affect the reliability of the tests, such as asthma, diabetes, bronchitis, harelip, dental issues, special dietary habits or a host of other ailments
-The driver was exposed to fumes before the test, such as paint or gasoline


Details of the Arrest

People charged with DWI can also challenge the circumstances of the arrest. If the police failed to follow proper procedure during the traffic stop and subsequent arrest, any evidence that they obtained during the stop and arrest, such as breathalyzer test results, may be inadmissible in court. Some of the issues that people might raise include:
-Video from the squad car demonstrates that the traffic stop was not justified by reasonable suspicion
-The officers administered field sobriety tests incorrectly
-The officers held the driver in custody too long
-The officers did not let the driver speak with an attorney

Talk to a Lawyer

DWI charges are serious matters. A conviction for a DWI charge can turn a person's world upside down, costing time, money and aggravation. Such charges leave a criminal record, as well. If you are facing DWI charges, seek the assistance of a veteran DWI defense attorney who can help defend your rights.

Article provided by Law Offices of Charles L. Morgan, Jr.
Visit us at http://www.criminal-defender.com/