The pamphlet is an overview of the issues involved in a driving under the influence offense. Issues covered include elements of the offense, field sobriety tests and sobriety checkpoints, defenses, sentences, and more.
North Carolina Driving under the Influence - DUI - Guide and Information for your DUI - USLegal Guides
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Elements of a DWI Case That Must be Proved for a Conviction Driving: The State must show that you were the person who was driving. A vehicle: The State must prove that the device you were driving was a vehicle. While impaired: The State must establish that you were under the influence of an impairing substance.
Beating a DWI in North Carolina Challenging the Traffic Stop. ... Questioning the Field Sobriety Test. ... Disputing the Breathalyzer Results. ... Arguing that you were not impaired. ... Call Clifford & Harris, PLLC.
A common reason cases get dismissed is an officer's lack of legal suspicion to pull you over in the first place. Your legal team should analyze the officer's notes, bodycam footage, DWI report, and witness testimonies to ensure the officer did not violate your rights.
The Best Defenses Against DWI Charges in North Carolina How to Beat a North Carolina DWI Charge. ... Proving You Were Not Driving the Vehicle. ... Proving You Were Not on a Public Street or Highway. ... Proving You Were Not Under the Influence at the Time of the Arrest. ... Challenging the Results of Your Blood, Breath, or Urine Tests.
Charlotte NC Attorney Explains How to Beat a DUI-DWI Refusal or Breath Test Your right to remain silent. Your right to legal counsel. Your right to demand a search warrant, before police conduct a search.
The ability to have your DWI case dismissed depends on a few critical factors, such as your past criminal record, any previous DWIs, why the police stopped your car, and how the police handled your stop. A skilled lawyer will investigate why the police officer stopped your vehicle when taking on your case.
The most sought after result is the dismissal of the charge and it can occur in primarily one of three forms. The first is that the prosecutor agrees to dismiss the charge for lack of evidence. In this instance, the prosecutor does not believe she can proceed based on the evidence at hand.
In North Carolina, a first-offense DWI charge will result in a level 1 DWI sentencing. Level 1 DWI sentencing includes a maximum of 2 years in jail, up to $4,000 in fines, mandatory drug treatment, and probation.