Facing a DWI charge in North Carolina is a serious situation that can result long-term legal, financial and personal consequences. From fines and license suspension to a possible term of incarceration and a criminal record, the stakes are high. That’s why building a strong DWI defense strategy – and doing so quickly – is so important.
Although the state has a lot of resources at its disposal, the case against a defendant is rarely air-tight. As a result, if you have been charged with impaired driving, with the right approach and experienced legal guidance, it is possible to challenge the state’s case successfully and protect your rights in the process.
Making a plan
The first step in crafting a solid defense is to examine the circumstances of your initial traffic stop. Law enforcement officers must have reasonable suspicion to pull you over. If an officer lacked a valid reason—such as erratic driving, a broken taillight or a traffic violation—then any evidence gathered after the stop, including breath test results or field sobriety tests, may be challenged in court.
You’ll also want to work with your legal team to analyze the administration and accuracy of field sobriety and chemical tests. Standardized field sobriety tests (like the walk-and-turn or horizontal gaze nystagmus test) must be administered according to strict protocols. If the officer who pulled you over failed to follow procedures or if environmental conditions interfered with performance, the results may be unreliable.
Similarly, breath tests and blood tests are not infallible. Breathalyzer machines must be properly maintained and calibrated, and the test must be administered by a qualified operator. In North Carolina, failure to follow proper procedures can lead to the exclusion of chemical test results. Your attorney may request maintenance logs or calibration records to determine whether the equipment used in your met the required standards.
Medical conditions and other external factors can also play a role in a strong DWI defense. For example, acid reflux, diabetes or certain diets can produce mouth alcohol that distorts breath test results. Fatigue, anxiety or even inner ear conditions may affect one’s balance and coordination during field sobriety tests. These factors may be used to cast doubt on the prosecution’s evidence.
The consequences of a conviction can be life-altering, but with an aggressive and well-prepared defense, many cases result in reduced charges, dismissals or alternative sentencing options. If you’re facing DWI charges, don’t assume the case is open and shut. A strong defense strategy begins with understanding your rights and working with a legal advocate who knows how to fight for your future.