DRUNK DRIVING INNORTH CAROLINA

– PART 2

Welch and Harris, LLP

“In this paper we are going to continue the discussion by looking at additional issues and common questions

that many people have about DWI”

Drunk Driving in North Carolina – Part 2 www.welchharris.com 2

Last month we took a look at some basic issues surrounding driving while

impaired, or DWI, in North Carolina. In this paper we are going to continue the

discussion by looking at additional issues and common questions that many

people have about DWI.

When discussing DWI, or any topic of criminal law, it's important to keep in mind

that anything you read will never be a valid substitute for the personalized advice

that only an experienced criminal defense attorney can provide you.

Understanding the law is helpful, but applying it to your individual circumstances

is something you should never try to do without assistance.

Drunk Driving in North Carolina – Part 2 www.welchharris.com 3

DO I HAVE TO TAKE THE BREATHALYZER TEST?

When police pulldrivers over, they might ask about whether or not the driver has

been drinking, how much they had to drink, or similar types of questions. They

might also ask the driver to

take a portable breath test,

or PBT. This is a handheld

device designed to measure

the amount of alcohol in a

person's breath.

When people are

confronted with a police

officer asking them to take

a breathalyzer on the

streets, they often don't know what to do. They might feel intimidated, scared,

or otherwise compelled to do what the officer is asking.

Don't be. It is entirely within your legal rights to refuse to take a portable breath

test when asked to do so by a law enforcement officer. The results of that test

are not admissible in court, but the officer will use the results to build a case to

arrest you for DWI. Unlike a breath test offered at the police department, you

will not lose your driving privilege if you refuse to take this roadside breath test.

WHAT ABOUT THE FIELD SOBRIETY TESTS?

The police will also commonly ask you to perform a variety of physical sobriety

tests. There are essentially three “standardized field sobriety tests” as well as a

Drunk Driving in North Carolina – Part 2 www.welchharris.com 4

handful of others that may also be given. The standardized tests are the “walk

and turn” (walking a straight line out and back), “one legged stand” (balancing

on one foot for 30 seconds), and the “horizontal gaze nystagmus test” (following

a finger or pen with your eyes).

Again, it's important to understand that you do not have to agree to take any of

these tests, and there is no penalty for declining them. The tests are designed

to allow law enforcement to gather evidence to use against you later in court. It

is also important to realize that field sobriety tests are not “pass/fail”. Rather,

they are subjective examinations of your mental and physical abilities which

Drunk Driving in North Carolina – Part 2 www.welchharris.com 5

allow the police to form their opinion as to whether you are legally impaired.

Many people have difficulty performing these tests flawlessly under the best of

circumstances, let alone while they are feeling the pressure of being investigated

for a potential DWI arrest. As a result, for many individuals it may make sense

to politely decline to perform field sobriety testing.

WHAT IF I HAVEN'T BEEN DRINKING?

DWI laws are commonly referred to as “drunk driving” even though they apply to

a wide range of behaviors and situations.

Legal impairment is not the same thing as

being “drunk”. If your mental or physical

functions are being noticeably affected by

some impairing substance, that equals

legal impairment. As a result it is possible

to be charged and convicted of a DWI in

a situation where you do not subjectively

feel like you were too drunk to drive.

Note also that a DWI can come from

substances other than alcohol such as

marijuana or cocaine. You can also be charged with Driving While Impaired for

taking a prescribed medication. The fact that you followed the prescription is not

a defense! This is commonly referred to as “drugged driving”.

Drunk Driving in North Carolina – Part 2 www.welchharris.com 6

DEFENDING YOURSELF AGAINST A DWI IN NORTH CAROLINA

A DWI can be potentially more stressful than other sorts of criminal cases

because a conviction not only carries the potential for a significant sentence but

it will also result in the loss of your privilege to drive.

If you are being investigated for or are charged with a crime you need to speak

to an experienced criminal defense attorney before you make any decisions or

make any statements. Your ability to defend yourself against these accusations

depends on your ability to make the right decisions at the right time. Only

lawyers who have represented clients in local courtrooms can provide you with

the proper guidance you need to give yourself the best possible legal defense.

Drunk Driving in North Carolina – Part 2 www.welchharris.com 7

About Welch and Harris, LLP

Jacksonville, North Carolina Criminal Defense, Civil Litigation, Family Law and Admiralty

At Welch and Harris, LLP, our team is committed to help you with your legal needs. This means that we thoroughly investigate your case and zealously represent your interests. We are goal-oriented and will focus on getting you the results you want, while at the same time offering a cost-effective and efficient solution to your legal needs. We also understand that an attorney works for their client, so we strive to ensure that our clients are in touch with their attorney and always know what is going on with their case. With Welch and Harris, LLP, you can count on personal attention from our legal team.

We know that there is never a convenient time to have to deal with a court case or other legal problem. Because of this, we will make every effort to minimize the impact your case will have on your daily life. We offer flexible payment options for both legal fees and court expenses, and because it can also cost you time and money to take off from work or school to attend court, we will do everything we can to meet with you at your convenience and help you avoid setting foot in a courtroom.

Every case is different, and every case is important. If you or somebody you care about has a legal problem, call us today and find out the difference that strong, knowledgeable, and personal legal representation can make! Our office is strategically located across the street from the courthouse in Jacksonville on the coast between the ports of Wilmington and Morehead City and within easy reach of the various commercial and recreational fishing communities and beaches of eastern North Carolina. We are also located proximate to Camp Lejeune, Camp Johnson, and the New River Air Station, and as a “military friendly” business, we are proud to be able to serve the particular needs of the armed forces community.

636 Court Street Jacksonville, 28540

Phone: 910.347.0161 Website: www.welchharris.com