North Carolina has some of the toughest drinking and driving laws in the country. Anyone arrested on suspicion of driving while intoxicated should contact a North Carolina drunk driving defense lawyer immediately. Drinking and driving defense is a specialized area and shouldn’t be entrusted to an amateur. The skilled attorneys at 1.800.NOT.DRUNK and www.NotDrunk.com are prepared to find a solution to the legal problems of any driver arrested for DWI in North Carolina.

North Carolina DWI law includes both a traditional driving while impaired charge, and a per se charge. Typically, when drivers are arrested for DWI or a related North Carolina drunk driving charge, they will confront both charges.

The first charge of driving under the influence revolves around whether the motorist suffered from "appreciable impairment" while driving. It’s not necessary for the driver to have a particular blood alcohol content (BAC). The prosecutor will attempt to prove the traditional North Carolina DWI charge by demonstrating appreciable impairment through the motorist’s driving patterns, physical appearance, performance on field sobriety tests, and chemical test results.

North Carolina’s "per se" doesn’t focus on the individual’s driving patterns, appearance, field sobriety tests, or anything else other than chemical test results. The per se charge centers solely around whether the driver had a BAC of .08 percent or greater.

North Carolina law forbids the use of roadside breath tests for anything other than creating probable cause to make a drunk driving arrest. This means that roadside test results cannot be used as evidence in court to establish impairment or violation of the per se law.

North Carolina drunk driving suspects have the right to refuse chemical tests of their blood or breath; however, evidence of that refusal is admissible in court as evidence of consciousness of guilt. North Carolina law also requires the police to assist the suspect in obtaining an independent chemical test if the person is still in police custody. This means that the driver is to be allowed access to a phone to arrange the independent test.

North Carolina DWI convictions fall within a system of variable punishments depending upon mitigating factors, aggravating factors, and grossly aggravating factors, relating both to the convicted driver’s prior record and the facts relating to the present offense.

North Carolina has toughened up its drunk driving laws in recent years. New legislation established a BAC limit of .04 percent for anyone who has been convicted of a DWI and had his or her driver’s license reinstated. Anyone convicted of a second drunk driving offense will have a BAC limit of .00 percent, meaning the driver cannot ingest any alcohol at all when operating a motor vehicle.

New laws also strengthen the open container statutes to prohibit anyone in the motor vehicle from having open containers of beer or wine while in a public vehicular area and requires a DWI offender to have an ignition interlock device installed not just in his or her primary vehicle, but all vehicle registered in the driver’s name. The law also requires those who are convicted of having a BAC of .16 or greater to use an ignition interlock system in their vehicles before their license is restored.

In addition, North Carolina can seize the vehicle of a driver whose license is revoked by another state, if the revocation is for an offense that is "substantially" similar to one that if committed in North Carolina would subject the vehicle to seizure. This would apply to a DWI violation charged to an out-of-state driver whose license has been revoked for a previous drinking and driving offense.

Because the stakes are extremely high in a North Carolina drinking and driving prosecution, it’s critical to have skilled legal representation. The experienced local attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com will provide a free consultation and outline a proven defense strategy designed to protect the driver’s rights and minimize negative consequences.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.