Driving While Impaired (DWI)

 Driving while impaired is the most indiscriminate crime in the United States. It could be argued that almost everyone has done it at least once. Since the early 1980’s however, legislatures have taken great strides to lower the number of people committing this crime. In North Carolina, our DWI statute is designed to cover drugs and alcohol related driving. 

• To be convicted of DWI the state must prove that the driver operated a motor vehicle on a public street or highway while subject to an impairing substance and that person either had a blood alcohol content (BAC) of .08 or was appreciably impaired within a relevant time of the driving. While this is a quick summary of the applicable law, it covers the elements and each of these elements of have been brought to the appellate courts and have been given specific meanings by the higher courts. 
• Despite the fact that DWI is so prevalent in reality, the repercussions of a conviction can be very harsh. A person convicted of DWI will lose his/her driving privileges for at least a year, get twelve licensing points, and have to get a substance abuse assessment and follow the recommendations of the assessing agency.  
• If this is your first DWI and you are facing a likely conviction, then the chances are that your case will most likely be financially painful at worst. If it is your third or subsequent DWI then you know, or at least you should know from your previous attorney(s), you are in for a very painful experience if you’re convicted. 

While there are many ways to fight a DWI, the two most common ways are to challenge the stop or to challenge the arrest. The standard for a stop is reasonable suspicion and the standard for an arrest is probable cause. 

These standards, like the specific elements of DWI, have been deeply explored by the appellate courts and have very precise meanings within the law. 

Experienced defense attorneys like those at Remington Law Firm, PLLC understand these concepts and will be able to let you know whether there is an issue with your stop or your arrest.