DWI Defense

Contrary to what most people believe, it is not against the law to drink and drive in North Carolina, it is only against the law when you are driving appreciably impaired. In North Carolina, it is illegal to drive a motor vehicle after having consumed enough alcohol that you have an alcohol concentration of .08 or higher or while you are under the influence of an impairing substance (i.e. drugs - whether legal or illegal). This alcohol concentration can be determined by breathalyzer test or a blood test, depending on the circumstances. Like all criminal charges, the state has the high burden of proving their case beyond a reasonable doubt.

Most arrests for driving while intoxicated (DWI) result in a conviction. A conviction for a DWI is a misdemeanor and will result in a criminal record as well as an enormous increase in automobile insurance. To be convicted, the prosecutor must prove the following things to the judge: (A jury does not become involved unless there is an appeal.)

1. You were driving on a highway or public vehicular area.
2. The officer had a reason (probable cause) to stop the motor vehicle you were driving.
3. There is evidence that you were appreciably impaired either by alcohol or drugs
   at the time of the arrest.

Over the last several years, laws regarding Driving while Impaired (DWI) have become increasingly severe. If convicted, sentencing can range from unsupervised probation to 2 years in prison, depending on sentencing factors.