North Carolina DWI/DUI
A DUI or DWI is the most unique criminal charge within the criminal justice system in North Carolina. Unlike other criminal accusations, prosecutors are less willing to make any negotiations regarding any allegations of drinking and driving. Public policy always will side with harsher punishments for drinking and driving.
Ultimately, the difference between a “guilty” and “not-guilty” will depend on several different factors:
- The initial stop of the vehicle itself - If the police officers did not have the reasonable suspicion or probable cause to pull the vehicle over, a judge can find the entire process unlawful and therefore find you not guilty.
- The circumstances around the arrest - If the police officers did not properly administer the field sobriety tests and the breath tests or did not instruct you properly during or after the investigation, then the arrest was improper and is a valid defense to a DWI.
- Challenging the results of the field sobriety tests.
- Showing a judge or jury that the state did not prove its case beyond a reasonable doubt.