In most drunk driving cases in Wake County, the District AttorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr.
A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. attempts to prove impaired driving by demonstrating either that the person was “appreciably impairedAppreciable impairment is the level of impairment - from either a drug or alcohol - required to find someone has committed a DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.. Appreciable impairment is noticeable impairment. The state does not need to prove the person was drunk or materially impaired.” at the time he or she was driving, or the person blew a .08 or higher on the Intox EC/IR machine that is used at the Public Safety CenterThe Public Safety Center is the downtown jail operated by the Wake County Sheriff's Office at 330 South Salisbury Street in Raleigh. The PSCThe Public Safety Center is the downtown jail operated by the Wake County Sheriff's Office at 330 South Salisbury Street in Raleigh. The PSC currently houses CCBICCBI is Wake County's local crime lab. Housed in the Public Safety Center, it provides fingerprinting services, as well as support in crime scene investigations to law enforcement agencies in Wake County., magistrates, as well as the Sheriff's Offices and the Intox EC/IR II room where DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail. suspects are usually brought for testing. currently houses CCBICCBI is Wake County's local crime lab. Housed in the Public Safety Center, it provides fingerprinting services, as well as support in crime scene investigations to law enforcement agencies in Wake County., magistrates, as well as the Sheriff's Offices and the Intox EC/IR II room where DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail. suspects are usually brought for testing. (Jail) or other departments in Wake County.
Your drunk driving case may therefore may be proved either by the officer who arrested you, or the officer in conjunction with the chemical analyst. About half of all of the law enforcement officers in Wake County are also chemical analysts, which means that the same person who arrested you will also testify about the breathalyzer results.
This makes it less likely that your case would be dismissedA dismissal may occur upon a motion by a party, or by the prosecutor. A voluntary dismissal is a true dismissal where the charges are no longer pending.
A dismissal with leave, also known as a VL, is a method of the prosecutor places the case into a holding pattern, usually because the defendant has failed to come to court on an assigned court date. because of the absence of the chemical analyst, since the chemical analyst is also the arresting officer.
If you're in need of a tough, experienced Raleigh, Cary or Apex criminal lawyer, call our offices day or night. The Chetson Firm represents individuals charged throughout the Research Triangle - Wake, Durham, Orange, and Chatham counties. Call anytime - (919) 352-9411 - weekdays, weekends, evenings or holidays.