A DWI charge in North Carolina can come with serious penalties, including monetary fines, a jail sentence, a criminal record, and other long-term consequences. However, in some cases, it may be possible to have DWI charges dropped or reduced. If the police violated your Constitutional rights or proper procedures weren’t followed, key evidence that the prosecution relies upon in the case may need to be excluded — and significantly weaken the prosecution’s case.

Here are several strategies an experienced defense attorney may use to achieve the best possible outcome in your DWI case:

Challenge the Traffic Stop

Police officers must have “reasonable suspicion” to justify pulling over a vehicle for drunk driving. This means they must have a specific, articulable reason to believe that a driver was operating their vehicle while impaired. If the officer did not have a legitimate reason to make the traffic stop — or their actions were based on a “hunch,” rather than an observation — you may have grounds to raise a challenge. In the event the initial traffic stop was unlawful, you may be able to have your DWI charges dropped entirely.

Challenge the Arrest

Similarly, police officers must have “probable cause” to arrest someone for driving while impaired. Probable cause for arrest is defined as a reasonable belief, based on facts and circumstances, that a crime has been committed and that the defendant likely committed it. It is more than a hunch or suspicion, but less than proof beyond a reasonable doubt. In determining whether probable cause exists, the judge will consider how you were driving, the officer’s observations as to your mental and physical faculties, and results of any field sobriety and portable breath tests. If the court determines that an officer lacked probable cause to arrest for DWI, you may have grounds to raise a challenge. In the event the arrest was unlawful, you may be able to have your DWI charges dropped entirely.

Faulty Breath Test Results Could Get DWI Charges Dropped

Most DWI cases hinge upon the results of the breathalyzer test — this device captures a sample of the driver’s breath to measure their blood alcohol concentration. Importantly, you may be able to get your DWI charges dropped if you can establish that the device was not properly calibrated. Breathalyzer results can also be disputed by challenging the following:

• The reliability of the device
• The officer’s training to administer the test
• The maintenance of the device
• The officer’s observation period before the test was administered
• How the breath sample was collected or analyzed
• The chain of custody of the breath sample

Additionally, medical conditions and environmental factors can also impact the results of a breathalyzer test and be used to possibly get the DWI charges dropped.

Challenge the Officer’s Observations

When a police officer pulls you over on suspicion of drunk driving, they depend upon their observations to build their case. An officer will typically look for signs of impairment, such as slurred speech, bloodshot eyes, the smell of alcohol, and uncoordinated movements. However, these observations are subjective — and they can be challenged during cross-examination at trial.

Dispute the Field Sobriety Tests

Field sobriety tests are often used by law enforcement officers to evaluate whether a driver was operating their vehicle while impaired. Specifically, these tests assess a driver’s coordination, balance, and ability to follow directions. They can include the one-leg stand, the horizontal gaze nystagmus (HGN), and the walk-and-turn test. However, if a field sobriety test was not administered properly or the officer did not adhere to protocol, the results may be inaccurate — and rendered inadmissible. You may also be able to challenge a field sobriety test if you had a physical or mental medical condition that impacted the reliability of the results.

Miranda Violations May Help Get DWI Charges Dropped

If you’ve been accused of a DWI, the Fifth Amendment protects you against self-incrimination. Specifically, the police are required to inform you of the following prior to custodial interrogation:

• You have the right to remain silent
• Anything you say can be used against you in court
• You have the right to speak with a lawyer
• You have the right to have an attorney provided if you can’t afford one

If the police officer failed to give you your Miranda warning, your case won’t automatically be dismissed. However, your attorney can file a motion to suppress any statements you made after the police were required to read you your rights. This could weaken the prosecution’s case considerably.

Present Alternative Explanations for Impairment

Another way to challenge a DWI case, and potentially get your DWI charges dropped, is by presenting an alternative explanation for impairment. For example, certain medical conditions or medications can impair a person’s ability to drive. Even nervousness can make a driver appear to be impaired when they are not. To challenge a DWI based on a medical condition, you must be able to show that the condition was what caused the impaired driving — not alcohol.

Contact an Experienced Attorney To Help Get Your DWI Charges Dropped

If you’ve been charged with a DWI, it’s essential to have a knowledgeable criminal defense attorney by your side who can fight for your rights. The Johnston County criminal defense attorneys at Reece & Reece, Attorneys at Law provide skillful counsel and aggressive advocacy for a wide range of criminal offenses in North Carolina, including DWIs. This can help in minimizing DWI punishment in NC. Call (919) 300-1249 to schedule a consultation and learn how we can help.