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North Carolina DWI laws are some of the toughest in the country. If you have been arrested for DWI in North Carolina, it is critical that you contact a North Carolina drunk driving defense lawyer immediately. North Carolina’s "Booze it and lose it" campaign through the North Carolina Department of Transportation typifies the attitude of law enforcement towards those suspected of drinking and driving in that state.
Drunk driving defense is a specialized area. Let one of the qualified DUI LAWS attorneys find a solution to your legal problem if you, or someone you care about, has been arrested for DUI or DWI. Contact a North Carolina DUI LAWS lawyer near you for a free consultation by calling 1.800.DWI.LAWS.
North Carolina DWI law is primarily governed by North Carolina General Statute Sect. 20-138.1 and Sect. 20-16. Like many states, North Carolina DWI law includes both a traditional driving while impaired charge, and a per se charge. Typically, when someone is arrested for DWI or a related North Carolina drunk driving charge, they will confront both charges.
North Carolina DWI law, for purposes of the traditional driving while impaired charge, relates to "appreciable impairment" while driving. This count does not depend on a particular blood alcohol level, such as North Carolina’s per se law, which relates to a blood or breath alcohol level of .08% or higher. The prosecutor will attempt to prove the traditional North Carolina DWI charge by demonstrating appreciable impairment through the suspect’s driving pattern, their physical appearance, their performance on field sobriety tests, and the chemical test results.
North Carolina DWI law for the "per se" charge doesn’t care about how the individual was driving, how they appeared, how well or poorly they did on field sobriety tests, or anything else other than the chemical test results. For purposes of the North Carolina per se laws, the primary issue relates to blood or breath alcohol levels of .08% or higher. Current North Carolina law forbids the use of the roadside breath test for other than probable cause to arrest someone for drunk driving; this means that the roadside tests are not to be used to establish impairment or violation of the per se law. However, other states, such as California, are now allowing these roadside test results into evidence.
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North Carolina Arrest and Release
If someone you care about has been arrested, visit
North Carolina Department of Corrections web site
for detail information.
Other North Carolina Resources
There are a variety of special problems that arise
following a North Carolina drunk driving, DUI, or DWI arrest. It may
be necessary to use a bail bondsman to help a friend or
loved one gain release from custody. Renting a car may
be difficult (although we know of several companies
that will do so), as is getting
car insurance. There
may be a requirement to attend
special alcohol programs, or AA meetings.
For a free consultation, contact North Carolina DWI Defense Attorney, by dialing 1-800-DWI-LAWS.
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