North Carolina's DWI / DUI laws are some of the toughest in the nation. A DWI Conviction can raise your insurance rates up to 400%! You don't have to lose your license for a year. If you are a first time offender you may be eligible for a limited privilege after 10 days of your arrest, before trial, and may be eligible for a limited driving privilege on the date of conviction.

We work with our clients to obtain limited driving privileges, which include driving to work, business related driving, delivery and pick-up of children from school, and driving to medical appointments. Our DWI / DUI defense lawyers analyze each time frame in the DWI case: the traffic stop, the road side and post arrest tests, and the arrest. This assists the client by determining whether there is a chance to get the case dismissed or the charges reduced.

There are usually 2 theories under which a prosecutor may apply when dealing with a DWI defendant:
1) 0.08 or higher on the breath or blood test (statutory)
2) the officers testimony/opinion--this means that the officer based his opinion on the totality of circumstances on the driving habits, appearance, ability to perform field sobriety test, and any other observations by the officer that indicates that the driver was impaired. That is why a conviction is possible for driving under the influence of other substances than alcohol

IF I AM STOPPED BY LAW ENFORCEMENT...WHAT DO I DO?
Having over 16 years in the law enforcement arena, I encourage all individuals to BE PLOLITE to law enforcement officers if stopped. Produce requested Documents. Do not answer any questions other than your name and address. Politely decline to do field sobriety tests. Consent to take a breath or blood test, do not take a handheld breath test.

The Constitution provides you with the right to remain silent. With that said, exercise it politely. Do not apologize or admit to anything, nervousness is expected, but what you say may hurt your defense or be taken out of context by the officer.

CHARGED...What do I do now?
Call our office at (910) 617-6474 and schedule an appointment to discuss your case with an attorney. The final disposition of a DWI charge may take months. Thus, I encourage you write down what happened prior to and during the arrest process. Do this as soon as you can after the arrest. Write down any statements you made to the officer, any statements the officer made to you, what you ate and had to drink that day, if you were taking any prescribed medications. Do not discuss your case with anyone other than your attorney (remember to exercise your right politely.)

In order to get a pretrial limited driving privilege you must have completed an alcohol assessment and have a DL123 form (proof of insurance) from your insurance company and 10 days must have passed since the date of the arrest. This pretrial limited driving privilege is valid for 20 days. Thirty days after the date of the offense, you can pay fifty dollars to the criminal clerk's office and receive your license back.

FIELD SOBRIETY TESTS

Sobriety Tests

It is not mandatory to perform or to blow into a handheld roadside breath test.

STANDARD FIELD SOBRIETY TESTS (SFST)

After being certified in Standard Field Sobriety Tests, Mr. Vaughn suggests that you do not perform field sobriety tests. This does not mean that you will not be arrested, but will give law enforcement less ammunition at trial. Remember, law enforcement officers begin to take notes of your faculties as soon as they lay eyes on you. Sober persons as well as people with certain medical conditions can have difficulty performing standard field sobriety tests.

The usual tests given:

• Walk and turn
• One leg stand
• Horizontal gaze nystagmus (or pen test)
• Finger to nose
• Finger count
• Reciting the alphabet

Each of these tests have a degree of certainty to them. NONE of the tests researched have been proven to be 100% accurate.

There are many factors that may affect the performance and accuracy of these roadside tests:

• Nerves
• Illness
• Headlights
• Weight
• Age
• Type of footwear
• Road conditions
• Lack of coordination

Law Enforcement Officers are looking for:
ANY TRAFFIC VIOLATION such as:

• Weaving/Swerving
• Following too closely
• Stopping for no reason
• Going slower than the speed limit (speeding is not a sign of impairment)
• Slowed response to traffic signals or signs
• Rapid change in speed
• Close contact with center lane or lane makers
• Turning abruptly, widely, or illegally

Appearance:

• Open container in car
• Fumbling fingers
• Gripping steering wheel
• Bloodshot eyes
• Odor of an alcoholic beverage
• Soiled clothing/disheveled
• Drivers head, arms or legs stuck out of the window
• Erratic or obscene gestures
• Blank look on driver's face

I CANNOT STRESS ENOUGH...BE POLITE to the law enforcement officer