I wrote yesterday about the NTSB’s proposal to force states to lower the per se limit from .08 BrAC/BAC to .05 BrAC/BAC. The federal government can’t order the states to modify their laws. But the federal government has a lot of power – mostly in the form of highway dollars which are collected through federal…
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Category Archives: Raleigh DWI Lawyer
Changes in Wake County DWI Courtrooms
Wake County continues to have the largest number of DWI arrests of any county in the State. In short, DWI enforcement in Raleigh is up. And, apparently, general traffic citations are somewhat down in Raleigh and the surrounding areas. In order to address the backlog of DWI cases, the court system has recently made changes…
New Reality Show: TLC’s D.U.I.
As if by coincidence, TLC (formerly The Learning Channel) will launch a new reality program on December 1, 2011 called D.U.I. As Entertainment Weekly reports, “The network has ordered D.U.I., a new series that goes behind the scenes of drunk-driving law enforcement in Oklahoma. TLC has picked up 12 episodes, with six debuting next month…
Recent Changes to NC DWI Law
Recent (2011) changes to NC DWI law include: NCGA created (“Laura’s Law”) a new DWI sentencing level – “Aggravated Level One” – which applies to all DWIs (offenses committed as of December 2011) – where there are three or more grossly aggravating factors (although see below for changes to how Minor in Car are handled)….
Raleigh DWI Lawyer: Horizontal Gaze Nystagmus Test
The Horizontal Gaze Nystagmus test – also known as the eye test or finger test – is considered the most reliable of the Standardized Field Sobriety Tests conducted on the roadside to determine whether a driver is impaired. If you’ve been stopped for a DWI in North Carolina, call (919) 352-9411. The HGN is not a…
Giving Blood: DWI Raleigh
The police officer can ask you to give blood instead of or along with blowing into a breathalyzer. Again, you are not required to give blood, but because North Carolina is an “implied consent” state, your license will be revoked for 1 year if you refuse. (See above for my discussion of breathalyzer refusals.)
A [...]
DWI Breathalyzer Machines: DWI Raleigh
It’s true. The breathalyzer is hunk of junk. I could use worse language. But I won’t. First, the science behind it is pretty weak. It doesn’t measure your actual Blood Alcohol Concentration. Instead, it tries to guess your BAC by measuring the amount of alcohol by-products in your breath.
The [...]
What if a Blew a… ? Defending a DWI Raleigh case
If you blew a .08, and if your lawyer cannot challenge the admission of that into evidence (using the techniques described above regarding Phase I, Phase II, and Phase III), and if your lawyer can’t show that the number you blew was within the margin of error of the breathalyzer machine, then you stand a [...]
What Can I Do to Help my DWI Raleigh Case?
Your attorney will probably recommend that you take a Substance Abuse Assessment.
In order to get a Substance Abuse Assessment, you will need to set up an appointment with a qualified agency – usually a private treatment center. You will a private, one-on-one session with a counselor for about 40 minutes. The counselor will [...]
Defending the DWI Raleigh Case: Arrest & Breathalyzer
If the officer did not find enough evidence to arrest you, the officer can let you go, maybe with a warning.
But if the officer does think he has enough evidence that you’ve committed a DWI, the officer can arrest you. At this point, you will be handcuffed and placed into the officer’s car.
The officer [...]
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