Under North Carolina DWI law, you do not have to be physically or mentally “drunk” to be convicted of a DWI. You can be convicted of DWI simply by the fact of a .08 blood alcohol concentration on a blood test or an intoxilyzer.
If you do drink and drive, but are not physically impaired, you may be able to win your case because of lack of a reasonable articulable suspicion for the initial stop or lack of physical performance tests or other evidence to develop probable cause to arrest.
Basically there are four different prongs on which you may be convicted of a DWI:
1.A blood test that indicates a .08 or more blood alcohol concentration;
2.Results of a chemical analysis (such as an intoxilyzer) that is deemed sufficient to prove a blood alcohol concentration of .08 or more;
3.A blood test that shows the presence of any amount of certain illegal drugs; and
4.Physical and/or mental impairment;
However, in all cases the State must prove that you were driving, that a reasonable articulable suspicion existed for the stop, that probable cause for the arrest was present and that the blood test/intoxilyzer/other tests were given at a relevant time after driving.
We’re happy to answer any questions and review the facts of your case. Give us a call for a free consultation to determine whether the State has a viable DWI case against you.
“Reggie Kelly is a fantastic attorney with fantastic paralegals. My wife and I have been using him and his firm since 1983 when we first purchased property in Harnett County 37 years ago. He offers excellent legal advice and guidance. He never gets in a hurry to get us out the door because of his next appointment. He always takes the time needed to check out all of the issues that might come up. Reggie Kelly is a proud American and he loves our country and he wants everyone to do well. Reggie Kelly is an even finer person than he is a fantastic attorney and we are very fortunate to also be able to call him and his wife Cheryl our friends. We give him a 10 STAR Review!”