Wilmington NC Drunk Driving Defense Law Blog

Police in Charlotte, North Carolina, on the evenings of April 26 and 27 erected a roadside checkpoint to attempt to detain suspected intoxicated drivers. When the evening was over, they had discovered a total of 47 motorists driving with a suspended or revoked license, or lacking any driver's license altogether. The charges concerning driving without a valid driver's license comprised approximately half of all charges lodged against motorists stopped at the checkpoint.

While many may not think that unlicensed driving is that big of a deal, law enforcement regards it as such, and charges of unlicensed driving can seriously impact a person's life and lead to harsh penalties. Additionally, such charges are frequently discovered as a result of another driving infraction or because of the type of dragnet represented by DUI checkpoints.

With the prom season rapidly approaching, police in North Carolina are planning a crackdown on underage drinking. They will be increasing enforcement efforts which means more kids can be cited for minor consumption of alcohol. Statistics demonstrate that approximately two out of five car accidents that take place on prom night involve the consumption of alcohol. While the focus will be on preventing drunk driving, other students who are not driving may be cited as well.

Motor vehicle traffic on high school prom nights will be closely monitored by the North Carolina Highway Patrol, the Orange County Sheriff's Department, and many local police departments, including those in Hillsborough, Chapel Hill, and Carrboro. They will also attempt to keep an eye on alcohol providers in order to minimize the availability of alcohol to underage drivers.

When a suspected drunk driver is pulled over in North Carolina, law enforcement must follow a certain procedure in order to maintain the driver's rights. If they do not follow these guidelines, the charges could potentially be dropped.

One case outside of the state has focused on a highway patrol trooper's unwillingness to follow the procedure when she instructed a suspected drunk driver to take a breath test before a field sobriety test. Policy in that state mandates that an officer administer a field sobriety test before a breath test.

An arrest for drunk driving can be quite scary for most North Carolina drivers. However, it is important for people to remember that during the course of a drunk driving arrest, they still have rights. They can refuse a breath test, for instance. Even following an arrest, there are still options for having charges dismissed or reduced. It may require additional legal assistance, but it may be worth it.

For example, due to an error by police officers in California, six years of breathalyzer test results are being questioned. According to officials, police never tested their breath test equipment during that time, even though they should have conducted tests every 10 days. They only completed paperwork using the control sample numbers. Because of this, a public defender is saying at least a few hundred of DUI cases could be dismissed.