Top defenses for drunk driving in North Carolina

On Behalf of | Jul 27, 2022 | Criminal Defense

DWI is a serious charge that can attract significant penalties, including jail time, fines and license suspension. That is why it is important to understand how best you can defend against such a charge.

Lack of probable cause

When a police officer stops you on suspicion of DWI, they must have a valid reason for doing so. This is known as probable cause. For example, an officer may claim that they stopped you because you were weaving in and out of your lane. However, if the officer cannot show that you were actually doing this, then their stop may be illegal.

Incorrect field sobriety tests

In order to determine whether someone is intoxicated, police officers will often administer field sobriety tests. These tests are typically designed to test your physical and mental abilities, and they can be quite difficult to complete if you are not sober.

However, there are a number of ways in which these tests can get administered incorrectly. For example, the officer may not give you clear instructions on how to complete the test, or they may not give you enough time to complete it.

Faulty breathalyzer

Breathalyzers are the most common way for police officers to measure your blood alcohol content (BAC). However, these machines are not always accurate. They can be affected by a number of factors, including calibration and mouth Alcohol.

If the breathalyzer is not working correctly, it may give a false positive. This means that you could get charged with DWI even if you were not actually intoxicated.

Illegal search and seizure

In order to gather evidence against you, the police may need to search your vehicle or your person. However, they can only do this if they have a warrant or if you give them permission. If the police search you without a warrant or your permission, then any evidence that they find may be illegal.

Ultimately, it is up to the police officer to prove that they had a valid reason to search you or your vehicle. If they cannot do this, then any evidence they find may be inadmissible in court.