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How will the police decide if you are DWI in North Carolina?

On Behalf of | Jun 26, 2020 | Dwi |

If charged with driving while intoxicated (DWI), you face consequences that will have a profound effect on your life. A conviction could mean you lose your license, pay a fine or have your freedom restricted. So it is essential to seek legal help to defend you from the DWI charges.

Defending you requires examining every stage of the events that led to your charges. North Carolina police officers use the following ways to determine if you are driving while intoxicated (DWI):

  • Watching how you drive: If you drive like you have been drinking, do not be surprised if you see the flashing blue lights behind you. Your defense could base around other reasons you were driving erratically — perhaps you were falling asleep, having a seizure or being attacked by hornets.
  • Random traffic stop: The police often set up traffic stops to check cars passing through. These need to meet specific criteria to be legal.
  • The smell of alcohol on your breath: If you smell of alcohol or have empty bottles or cans in your car, the police are likely to make you take a test.
  • Field sobriety tests: This is a three-part test that the officers could ask you to step out of the car and do. The three parts are: The Horizontal Gaze Nystagmus, the Walk and Turn and the One-Leg Stand. These tests are subjective and depend upon the officer’s interpretation of your actions. An attorney can challenge this.
  • Breathalyzer: Blowing into the tube will give a reading. These tests are not infallible, and many attorneys have successfully challenged test accuracy or their implementation.

Examining every stage is the best way to decide how to present your defense.