In June of 2009, the United States Supreme Court handed down the landmark Melendez-Diaz v. Massachusetts case, which turns on the Confrontation Clause of the Sixth Amendment which permits defendants to question all accusers at trial.

The Supreme Court ruled that it’s insufficient for the state merely to provide an affidavit. The state, in order to introduce evidence such as the results of lab tests, must provide the actual analyst so that the Defendant can have an opportunity to cross-examine the analyst.

In order to prove that 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., the prosecutorA 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. must prove beyond a reasonable doubtReasonable doubt is the standard of proof required to find a person guilty in a criminal trial. This standard is the highest, toughest standard in our legal system. It is higher than the standard used to commit someone to a mental institution. In order to find a person guilty beyond a reasonable doubt, the juryA jury may be either a grand jury or a petit jury. A grand jury is a jury that determines whether there is probable cause to believe the defendant committed a crime. The result is an indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury. that sends the case into Superior Court, perhaps for a jury trial. A petit jury or simply a jury is the jury of 12 people who have been selected to hear and render a verdict in a case. or judge must be entirely convinced and fully satisfied of the defendant's guilt. each of the elements listed above.

That is to say, the prosecutorA 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. must prove that the person was operating a vehicle upon a public vehicular area while impaired.

Where the state cannot prove that the person was operating or driving the vehicle, the state may fail to prove the 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.. For instance, if the alleged driver was actually not in the vehicle at the time police or witnesses arrived on the scene, the prosecutorA 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. may be unable to prove the person was driving the vehicle while impaired.

Note that if the vehicle is running, although not in gear, the state will be able to prove operation.

The state must also prove that the person was operating a “vehicle.” For 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. purposes, a vehicle includes cars, trucks, and the obvious. But NC also includes golf carts, tractors, bicycles, mopeds, and scooters as “vehicles.” Even though the DMV may not require a license for the operation of a moped, if  you are caught driving a moped on a public vehicular area while impaired, the state will be able to prove 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..

A public vehicular area does not just include public streets, highways, and roads. A public vehicular area includes “private” roads that are shared by various homes, and parking lots.

A public vehicular area will not include your driveway, however.

The state can prove impairment in either one of two ways. The first way is typically called the “common law” approach to proving 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.. This includes any observations by the police officer or other witnesses that the driver 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.”. The police officer may observe a strong odor of alcohol, slurred speech, unsteady movement, confusion, swerving of the car or poor or dangerous driving.

In addition, the police officer may conduct NHTSA Standardized Field Sobriety (SFSTStandardized Field Sobriety Tests are tests developed by the National Highway Traffic Safety Administration in the 1980s and 1990s for use in the detection of impairment in drivers. Theses tests include the Horizontal Gaze NystagmusHGN is one of the battery of three tests that are part of NHTSA's Standardized Field Sobriety Tests. Nystagmus is the involuntary jerking of the eyes. Nystagmus can be caused by impairment from alcohol (or other depressants). test, the Walk and Turn test, the One Legged StandThe one legged stand test is part of the SFST battery of tests developed by NHTSA. The test requires the subject subject to stand, arms by side, with one leg raised off the ground and count to 30. test.) Tests. These tests include the walk and turnThe walk and turn test is one of the battery of SFSTs developed by NHTSA. The test requires the subject to take nine heel-to-toe steps, take a series of small steps to make a 180-degree turn, and take nine heel-to-toe steps on return., the one leg standThe one legged stand test is part of the SFST battery of tests developed by NHTSA. The test requires the subject subject to stand, arms by side, with one leg raised off the ground and count to 30., and the Horizontal Gaze NystagmusHGN is one of the battery of three tests that are part of NHTSA's Standardized Field Sobriety Tests. Nystagmus is the involuntary jerking of the eyes. Nystagmus can be caused by impairment from alcohol (or other depressants). tests. The officer will generally point to “clues” of impairment, which include failure to follow instructions, failure to complete the tests according to instructions, unsteadiness, and so forth.

The second way to prove impairment is through the use of a breath or chemical test. A Breath Test involves testing using the Intoxylizer 5000, a machine first developed in the 1980s and early 1990s, that tries to measure the person’s Blood Alcohol Concentration by measuring the amount of alcohol in the person’s breath.

The police officer or chemical analyst will have the subject blow twice into the machine, and take the lower of the two blows.

If the state is able to prove its case beyond a reasonable doubtReasonable doubt is the standard of proof required to find a person guilty in a criminal trial. This standard is the highest, toughest standard in our legal system. It is higher than the standard used to commit someone to a mental institution. In order to find a person guilty beyond a reasonable doubt, the juryA jury may be either a grand jury or a petit jury. A grand jury is a jury that determines whether there is probable cause to believe the defendant committed a crime. The result is an indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury. that sends the case into Superior Court, perhaps for a jury trial. A petit jury or simply a jury is the jury of 12 people who have been selected to hear and render a verdict in a case. or judge must be entirely convinced and fully satisfied of the defendant's guilt., the fact finder – either a judge or a juryA jury may be either a grand jury or a petit jury. A grand jury is a jury that determines whether there is probable cause to believe the defendant committed a crime. The result is an indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury. that sends the case into Superior Court, perhaps for a jury trial. A petit jury or simply a jury is the jury of 12 people who have been selected to hear and render a verdict in a case. – will find you guilty of 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.. The next step in your case will be “sentencing.”

Sentencing involves a weighing of factors in your case, and the imposition of a sentence within one of five (5) sentencing levels.

First, the state may allege grossly aggravating factors. If the state is able to prove two grossly aggravating factors beyond a reasonable doubtReasonable doubt is the standard of proof required to find a person guilty in a criminal trial. This standard is the highest, toughest standard in our legal system. It is higher than the standard used to commit someone to a mental institution. In order to find a person guilty beyond a reasonable doubt, the juryA jury may be either a grand jury or a petit jury. A grand jury is a jury that determines whether there is probable cause to believe the defendant committed a crime. The result is an indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury. that sends the case into Superior Court, perhaps for a jury trial. A petit jury or simply a jury is the jury of 12 people who have been selected to hear and render a verdict in a case. or judge must be entirely convinced and fully satisfied of the defendant's guilt., you will be convictedA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. of a Level 1 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.. A Level 1 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. is the second most serious convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. level within the Misdemeanor Driving While Impaired law. If the prosecutorA 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. proves more than two grossly aggravating factors, an Aggravated Level 1 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., the most serious convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. level within 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., is imposed.

If the state is able to prove only one grossly aggravating factor beyond a reasonable doubtReasonable doubt is the standard of proof required to find a person guilty in a criminal trial. This standard is the highest, toughest standard in our legal system. It is higher than the standard used to commit someone to a mental institution. In order to find a person guilty beyond a reasonable doubt, the juryA jury may be either a grand jury or a petit jury. A grand jury is a jury that determines whether there is probable cause to believe the defendant committed a crime. The result is an indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury. that sends the case into Superior Court, perhaps for a jury trial. A petit jury or simply a jury is the jury of 12 people who have been selected to hear and render a verdict in a case. or judge must be entirely convinced and fully satisfied of the defendant's guilt., you will be convictedA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. of a Level 2 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.. A Level 2 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. is the second most serious convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. level within the Misdemeanor Driving While Impaired law.

The reason why Aggravated Level 1, Level 1 and Level 2 are the most serious is for two reasons. First, the judge is required to impose a jail or prisonA prison is a facility, operated by the Department of CorrectionsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. sentence. The judge may not “suspend” the sentence and allow you to serve probationProbation may be either unsupervised or supervised. Unsupervised probation generally simply requires the person stay out of trouble for a specified period. If the person violates probation (perhaps by committing a new crime) the person may be required to serve an active sentence. Supervised probation requires the person to check in with a probation officer, and may have additional requirements.. Second, you are ineligible to get a limited driving privilege during the period of your license suspension.

In addition, Aggravated Level 1, Level 1 and Level 2 are the most serious in terms of fines. Aggravated Level 1 has fines of up to $10,000.

What are the Grossly Aggravating Factors?

1) A prior 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. within the past 7 years measured from the date of your previous convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. to your date of your current offense. So if you were arrested for 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. offense on November 20, 2002 and convictedA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. of 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. in January 1, 2003, and were arrested of 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. on December 25, 2009, you would have one (1) grossly aggravating factor because your new offense date is within 7 years of your prior convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. date.

2) If you are arrested of 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. and between being sentenced, you receive a second 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., then you will have one (1) grossly aggravating factor.

3) If you were arrested for 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. while driving on a revoked license if the license was revoked for a prior 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., then you will have one (1) grossly aggravating factor.

4) If a child under the age of 18 was in the vehicle at the time of the 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., then you will have one (1) grossly aggravating factor for which Level 1 punishment must be imposed.

5) If as a result of your 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., you seriously injured another person, then you will have one (1) grossly aggravating factor.

The judge will count up all of your grossly aggravating factors. If you have two (2) or more grossly aggravating factors, you will be sentenced under Level 1. If you have one (1) grossly aggravating factor, you will be sentenced to Level 2.

If you have no (0) grossly aggravating factors, then the judge looks at aggravating and mitigating fators.

Aggravating factors can include: Gross Impairment (.15 or above BACBAC stands for Blood Alcohol Concentration (or Breath Alcohol Concentration). It is a percentage of how much alcohol is in the body. In North Carolina and all states in the United States, a BAC of .08 or above while operating a vehicle is a violation of the law. A judge or jury may, but is not required to, find you guilty of 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. in such a case.), especially reckless or dangerous driving, negligent driving resulting in a reportable accident, driving on a revoked license, two or more prior convictions of a motor vehicle offense not involving 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. for which at least three (3) points are assigned or for which a license can be revoked if those convictions occurred within five (5) years of the offense for which the person is being sentenced, or one or more prior convictions for 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. that occurred more than ten (10) years before the date of the offense, convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. under N.C.G.S. 20-141.5 of speeding by the defendant while fleeing or attempting to elude apprehension, speeding in excess of 30 mph, passing a stopped school bus, and “any other factor that aggravates the seriousness of the offense.”

Mitigating factors can include that the Defendant has volunatarily submitted his/herself to an alcohol or drug treatment center for an assessment of potential substance abuse problems, a statutorily safe driving record for the previous five years, safe and otherwise lawful driving at the time of the offense, a low BACBAC stands for Blood Alcohol Concentration (or Breath Alcohol Concentration). It is a percentage of how much alcohol is in the body. In North Carolina and all states in the United States, a BAC of .08 or above while operating a vehicle is a violation of the law. A judge or jury may, but is not required to, find you guilty of 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. in such a case. under .10, impairment from lawfully prescribed medicine taken for an existing medical condition, or any other factor that mitigates the seriousness of the offense, including being “polite and cooperative” with the police officer.

If the judge finds that the mitigating factors “substantially” outweigh the aggravating factors, the person will be sentenced to Level 5. If the judge finds that the aggravating factors substantially outweigh the mitigating factors, the judge will sentence the person to Level 3. Otherwise, the judge will sentence the person to Level 4.

Here is a link to a PDF version of the Sentencing and Cost Sheet for NC DWIs.

Hurley’s pending appointment is bad news for social drinkers, motorists, and anyone interested in freedom of movement and less hassle on the roadways. Hurley is an anti-alcohol zealot, and a longtime proponent of just about any highway regulation that’s sold under the guise of public safety. He’s a supporter of primary seat belt laws, which allow police to pull motorists over solely for seat belt infractions. In addition to being a questionable use of law enforcement resources (people who don’t wear seat belts aren’t a threat to anyone other than themselves), primary seat belt laws have been criticized for giving police officers the pretext to engage in racial profiling, or to commit asset forfeiture abuse. Hurley has also supported the proliferation of red light cameras, despite studies showing that they’re little more than revenue generators for local government, and may actually cause more accidents than they prevent.

If you are able to have someone – including an attorney – come to watch you get breathalyzed, that is best. Often, though, people don’t have an attorney to call.

They often have to make a quick decision about whether to blow into the breathalyzer machine or not.

If you refuse a breathalyzer test, your license will be revoked for one year, even if you are not convictedA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. of the 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.. Here is how it works. Your driver’s license is revoked for 30 days. During that 30 days you can apply for Limited Driving Privileges (LDP) as described above. At the end of the 30 day period, you will probably get your license back.

About 2 to 3 months after your arrest, you will get a letter from the DMV telling you that you refused to take a breathalyzer test, and, as a result, your license will be suspended for a year. North Carolina can do this because North Carolina considers 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. an implied consent offense: meaning that by having a Driver’s License in the first place, you consented to any breathalyzer tests lawfully demanded by a police officer. The fact that you refused to take the test, means that you violated the “implied consent” and lose your driving privileges for a year.

Once you receive the letter from the DMV about the year-long revocation of your license, you have 10 days in which to request a hearing. This hearing is in front of a DMV hearing officer, not a judge. The DMV hearing officer will only consider whether the officer had “probable causeProbable cause is the standard of proof that justifies the arrest (or indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury.) of an individual. In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed.” to pull you over and request a breathalyzer test. If the DMV hearing officer finds that the police officer did have “probable causeProbable cause is the standard of proof that justifies the arrest (or indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury.) of an individual. In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed.,” then you will lose your license for a year.

If the DMV hearing officer finds that the officer did not have “probable causeProbable cause is the standard of proof that justifies the arrest (or indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury.) of an individual. In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed.,” then you will not lose your license.

In 90% of the cases, the DMV hearing officer will find that the officer had “probable causeProbable cause is the standard of proof that justifies the arrest (or indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury.) of an individual. In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed.,” and will revoke your license for the year.

Note that a DMV hearing officer is not a judge. A DMV hearing officer’s ruling as to probable causeProbable cause is the standard of proof that justifies the arrest (or indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury.) of an individual. In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed. has no effect on your 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. case.

The bad news is that during the first 6 months of your year-long revocation for refusing to submit to a breathalyzer you have no right to drive at all. You cannot apply for Limited Driving Privileges. However, after the 6 months are up, you have a right to apply – and will normally get – Limited Driving Privileges.

Refusing to blow into a breathalyzer, therefore, results in some harsh punishments: the loss of any right to drive in North Carolina for six months. But refusing to blow into a breathalyzer can improve your criminal case, because the prosecution will not be able to show what your blood alcohol level (BACBAC stands for Blood Alcohol Concentration (or Breath Alcohol Concentration). It is a percentage of how much alcohol is in the body. In North Carolina and all states in the United States, a BAC of .08 or above while operating a vehicle is a violation of the law. A judge or jury may, but is not required to, find you guilty of 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. in such a case.) was at the time of your arrest.

A blood test is much more accurate than a breathalyzer exam. But if blood is given, it will take the State Bureau of InvestigationThe SBI, based in Garner, is North Carolina's version of the FBI. It has a crime lab, and agents who conduct investigations usually of state-wide importance. The SBI is operated under the auspices of the NC Department of Justice. – the state’s equivalent of the FBI – at least six months to get the results back.

Your case will take a long time to resolve. If the blood test reveals that you had a BACBAC stands for Blood Alcohol Concentration (or Breath Alcohol Concentration). It is a percentage of how much alcohol is in the body. In North Carolina and all states in the United States, a BAC of .08 or above while operating a vehicle is a violation of the law. A judge or jury may, but is not required to, find you guilty of 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. in such a case. of .08 or above, that result is pretty accurate. While there are ways to challenge the result – by showing that the police didn’t follow a proper “chain of custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest.” in handling the blood sample – if the blood test is admitted into evidence, your lawyer should come up with other arguments to challenge the 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..

The problem is that common diseases or differences in the way people break-down alcohol can affect the result. For instance, if you have a small bit of alcohol in your gum, that bit of alcohol might cause the machine to say you have a much higher BACBAC stands for Blood Alcohol Concentration (or Breath Alcohol Concentration). It is a percentage of how much alcohol is in the body. In North Carolina and all states in the United States, a BAC of .08 or above while operating a vehicle is a violation of the law. A judge or jury may, but is not required to, find you guilty of 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. in such a case. than you actually do.

Also, certain diets – like the Atkin’s diet – can produce similar chemicals in the body that affect the result.

In addition, certain events – an airbag deploying during a car accident – can introduce particles into the driver’s body that can affect the result.

The problem is that North Carolina’s Supreme Court has upheld the scientific validity of the breathalyzer machine. That means that your attorney will not be able to bring in experts to show the machine is a hunk of junk.

Your attorney can bring in experts to show that certain diseases, diets, dentures, or events in your case caused you to give a higher than accurate reading.

You should talk with your attorney about everything you ate in the 24 hours before your arrest, how much sleep you got, whether you take any medicines, or whether you’re on any diets, and so forth.

I give a very detailed questionnaire to my clients so that they can tell me all the relevant things that might affect the result in their cases.

However, most judges require some additional evidence of impairment with a .08 or .09 breathalyzer result. So, if you failed the Field Sobriety Tests, for instance, then that in addition to the .08 or .09 might be enough to convict you.

Note that you do have legal defenses, and your lawyer should look at all of them. But if those defenses do not work, and the test result is admitted into evidence, then 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. has proved what is called “per sePer se is Latin for "in itself" and is used to indicate that the fact proven is sufficient to prove guilt. For instance, a BACBAC stands for Blood Alcohol Concentration (or Breath Alcohol Concentration). It is a percentage of how much alcohol is in the body. In North Carolina and all states in the United States, a BAC of .08 or above while operating a vehicle is a violation of the law. A judge or jury may, but is not required to, find you guilty of 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. in such a case. of .08 in 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. case is a per se violation of the law. Nothing else need be shown about the person's impairment to find guilt.” impairment.

“Per sePer se is Latin for "in itself" and is used to indicate that the fact proven is sufficient to prove guilt. For instance, a BACBAC stands for Blood Alcohol Concentration (or Breath Alcohol Concentration). It is a percentage of how much alcohol is in the body. In North Carolina and all states in the United States, a BAC of .08 or above while operating a vehicle is a violation of the law. A judge or jury may, but is not required to, find you guilty of 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. in such a case. of .08 in 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. case is a per se violation of the law. Nothing else need be shown about the person's impairment to find guilt.” impairment means that a judge or juryA jury may be either a grand jury or a petit jury. A grand jury is a jury that determines whether there is probable cause to believe the defendant committed a crime. The result is an indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury. that sends the case into Superior Court, perhaps for a jury trial. A petit jury or simply a jury is the jury of 12 people who have been selected to hear and render a verdict in a case. can find you guilty on the BACBAC stands for Blood Alcohol Concentration (or Breath Alcohol Concentration). It is a percentage of how much alcohol is in the body. In North Carolina and all states in the United States, a BAC of .08 or above while operating a vehicle is a violation of the law. A judge or jury may, but is not required to, find you guilty of 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. in such a case. number alone of impairment. The DA does not need to prove any other facts regarding your impairment.

If you blew or got a blood test that show you were below .08, then you are not out of the woods. That’s because under North Carolina law, the police officer can offer into evidence other facts that could be used to convict you. For instance, the police officer could point to your driving, your slurring of words, unsteadiness on your feet, your admission of how much you had to drink, etc. etc. to show that you were impaired, even if the breathlyzer machine revealed a result lower than .08.

This is called “common law” proof of impairment. It’s the old way – before the introduction of breathalyzer machines – of showing the driver was impaired, and it is still frequently used where the police don’t have a result at all or don’t have a result showing a breathalyzer of .08 or above.

When your breathalyzer result or blood test result is below a .08, your attorney may wish to have that fact introduced into evidence to prove that you were not impaired. You want to talk to your 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. lawyer about this so you can understand his strategy.

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 ask you a variety of questions about your use of alcohol or drugs. At the end of the session, the counselor will write-up an assessment which he will send to you or to your attorney.

Visit www.chetson.com/treatment for a list of Wake County 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. Substance Abuse Treatment Providers.

Your substance abuse assessment is valid for one year. It will recommend at least some form of treatment. At the lowest end, the assessment might recommend Alcohol and Driver Education classes. Or Out-Patient Treatment involving your attendance at 20 or 30 hours of evening or weekend classes. A the upper end, the assessment might recommend In-Patient Treatment for serious cases.

An assessment is required in order to request Limited Driving Privileges (LDP).

But, more importantly, getting a Substance Abuse Assessment and completing the recommended treatment program is the one and only thing you can do, following your 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. arrest, to help reduce the sentence that the judge will impose if you are convictedA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt..

For that reason, most Raleigh 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. lawyers will recommend that you get the assessment (for your LDP) and, if necessary, perform treatment. Discuss this issue with your attorney before getting an assessment, and beginning treatment.

A Substance Abuse Assessment will cost $100. Pre-enrollment will cost another $25. Treatment costs vary, but can range from about $400 for 20 hours of Out-Patient Treatment to about $800 for 40 hours of Out-Patient Treatment. In-Patient Treatment is more expensive. Remember that you can take your assessment anywhere and shop around for the best cost for the treatment program.

But if the officer does think he has enough evidence that you’ve 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., the officer can arrest you. At this point, you will be handcuffed and placed into the officer’s car.

The officer will take you to the police station, 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. in downtown Raleigh, or to a mobile 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. vehicle where you will be processed, asked to blow into a “breathalyzer,” and, hopefully, released on a “written promise to appear.”

If the officer wants to ask you any questions during this period, since you are in custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest., you must be “Mirandized” or informed of your rights to an attorney and your right to remain silent.

The “Miranda” rule usually does not play a role in 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. cases, but many clients ask about out.

In most 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. cases, the officer will not Mirandize you because the officer does not want to ask you any questions. That’s fine, and your rights have not been violated. The only time the officer is required to “read you your rights” is when he wishes to ask you questions and you are in custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest..

In addition, if you make any “spontaneous utterances” or admissions on your own, without being asked questions, those are admissible in court even if you haven’t been “Mirandized.”

Once you get to the police station, jail, or mobile 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. unit, you will be processed and breathalyzed. It’s important for you to not make any statements during this process. These might be used against you.

The police officer will try to have you breathalyzed as soon after your arrest as possible. This is because the longer he waits, the less likely the breathalyzer machine will show a reading that reflects your blood alcohol concentration (BACBAC stands for Blood Alcohol Concentration (or Breath Alcohol Concentration). It is a percentage of how much alcohol is in the body. In North Carolina and all states in the United States, a BAC of .08 or above while operating a vehicle is a violation of the law. A judge or jury may, but is not required to, find you guilty of 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. in such a case.) at the time you were driving.

Pay attention to who is watching you, and if at any point you are left unobserved, remember those facts so you can later tell your 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. lawyer. Instances when you are left alone could be valuable to your case, showing that the police did not exercise proper procedure when the breathalyzed you.

The main focus during Phase III is on the driver’s performance on the Standardized Field Sobriety Tests (SFSTs). During this Phase the officer might also ask the driver to blow into a Portable Breath Test (PBT, or hand-held breathalyzer) to determine the presence of alcohol. The PBT should only be used to support the SFSTStandardized Field Sobriety Tests are tests developed by the National Highway Traffic Safety Administration in the 1980s and 1990s for use in the detection of impairment in drivers. Theses tests include the Horizontal Gaze NystagmusHGN is one of the battery of three tests that are part of NHTSA's Standardized Field Sobriety Tests. Nystagmus is the involuntary jerking of the eyes. Nystagmus can be caused by impairment from alcohol (or other depressants). test, the Walk and Turn test, the One Legged StandThe one legged stand test is part of the SFST battery of tests developed by NHTSA. The test requires the subject subject to stand, arms by side, with one leg raised off the ground and count to 30. test.; it should not be used in place of SFSTs.

In North Carolina, the results of a PBT are not admissible at trial (but they are admissible at pre-trial hearings).

The SFSTs not only determine impairment but also whether the driver can perform divided attention tasks. The only three SFSTs validated by the National Highway Traffic Safety Administration (NHTSA) are the (1) Walk-and-Turn; (2) One-Leg-Stand; and (3) Horizontal Gaze NystagmusHGN is one of the battery of three tests that are part of NHTSA's Standardized Field Sobriety Tests. Nystagmus is the involuntary jerking of the eyes. Nystagmus can be caused by impairment from alcohol (or other depressants).. See Appendix [X] for more on the SFSTStandardized Field Sobriety Tests are tests developed by the National Highway Traffic Safety Administration in the 1980s and 1990s for use in the detection of impairment in drivers. Theses tests include the Horizontal Gaze NystagmusHGN is one of the battery of three tests that are part of NHTSA's Standardized Field Sobriety Tests. Nystagmus is the involuntary jerking of the eyes. Nystagmus can be caused by impairment from alcohol (or other depressants). test, the Walk and Turn test, the One Legged StandThe one legged stand test is part of the SFST battery of tests developed by NHTSA. The test requires the subject subject to stand, arms by side, with one leg raised off the ground and count to 30. test..

After the driver has performed the SFSTs, the officer will make a decision about whether the driver is drunk. The officer should use the totality upon the totality of the evidence developed during all three Phases of 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. detection.

An officer who conducts just one or just two of the three tests has not completed the SFSTStandardized Field Sobriety Tests are tests developed by the National Highway Traffic Safety Administration in the 1980s and 1990s for use in the detection of impairment in drivers. Theses tests include the Horizontal Gaze NystagmusHGN is one of the battery of three tests that are part of NHTSA's Standardized Field Sobriety Tests. Nystagmus is the involuntary jerking of the eyes. Nystagmus can be caused by impairment from alcohol (or other depressants). test, the Walk and Turn test, the One Legged StandThe one legged stand test is part of the SFST battery of tests developed by NHTSA. The test requires the subject subject to stand, arms by side, with one leg raised off the ground and count to 30. test. in accordance with the National Highway Traffic Safety Administration’s recommended procedures.

Many police officers in North Carolina do not perform the SFSTStandardized Field Sobriety Tests are tests developed by the National Highway Traffic Safety Administration in the 1980s and 1990s for use in the detection of impairment in drivers. Theses tests include the Horizontal Gaze NystagmusHGN is one of the battery of three tests that are part of NHTSA's Standardized Field Sobriety Tests. Nystagmus is the involuntary jerking of the eyes. Nystagmus can be caused by impairment from alcohol (or other depressants). test, the Walk and Turn test, the One Legged StandThe one legged stand test is part of the SFST battery of tests developed by NHTSA. The test requires the subject subject to stand, arms by side, with one leg raised off the ground and count to 30. test. correctly. A top Raleigh 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. lawyer will be able to evaluate whether the tests were completed properly, and if they were, whether the results showed that the driver was impaired.

Your best chance for beating your 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. lies in hiring a lawyer who will look at the entirety of officer’s behavior during Phase III to make sure that all procedures were followed.

Why is Phase III so important? It’s important because the officer must develop enough evidence – “probable causeProbable cause is the standard of proof that justifies the arrest (or indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury.) of an individual. In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed.” – that the driver has committed the crime of 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. in order to handcuff and arrest the driver.

If the officer leaped to the conclusion that the driver had 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. without developing enough evidence, the officer has violated the driver’s rights. In that case, the driver will end up beating the case, provided a Judge agrees that the officer violated his rights.

If the officer believes he has probable causeProbable cause is the standard of proof that justifies the arrest (or indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury.) of an individual. In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed., he will arrest. Note that just because an officer believes he has probable causeProbable cause is the standard of proof that justifies the arrest (or indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury.) of an individual. In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed. does not mean he’s correct.

A judge will always review the officer’s decision to make sure that he did have probable causeProbable cause is the standard of proof that justifies the arrest (or indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury.) of an individual. In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed.. If the judge believes the officer made a mistake, and was too hasty in arresting the driver, the judge can throw out the rest of the evidence collected, and throw out the 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. case.