Being arrested for a DWI in North Carolina, can be stressful and overwhelming — you could face license revocation, fines, and jail time. But it’s important to understand that a charge doesn’t always mean a conviction. There are a number of DWI defense strategies an experienced criminal defense attorney may be able to use, depending on the facts of your case. Importantly, if the prosecution cannot prove their case against you beyond a reasonable doubt, the charges brought against you will not be able to stand.

Here are five common DWI defense strategies that are used:

Demonstrating There Was No Reasonable Suspicion for the Stop

Law enforcement cannot stop you simply because they have a “hunch” that you might be driving under the influence of alcohol or drugs. Before a police officer can pull your car over, they must have reasonable articulable suspicion that you have committed a crime, such as a DWI. This belief must be based on the officer’s training, experience, and observations of your actions when operating the vehicle. For example, an officer’s reasonable suspicion may be justified if you were driving too slowly or weaving in and out of lanes. Additionally, any violation of a traffic safety law may justify a stop.

Challenging the Officer’s Testimony

The testimony of the police officer who arrested you is usually a key component of the prosecution’s case. They will articulate the observations made that led them to believe you were impaired, which can include things like poor performance on a field sobriety test, the smell of alcohol, reckless driving, slurred speech, and bloodshot eyes. A DWI defense attorney can challenge an officer’s testimony by pointing out inconsistencies, introducing witnesses who saw things differently, or offering an explanation for their observations besides intoxication — such as fatigue, health condition, or physical disability.

Establishing the Field Sobriety Tests Were Faulty

A field sobriety test is one that is typically administered when police pull over a driver — the three most common tests are the horizontal gaze nystagmus, the one leg stand, and the walk and turn. However, there could be a variety of reasons why a field sobriety test may not be reliable. If proper instructions were not given or you have a certain medical condition, the test results may not be accurate to show evidence of intoxication. For instance, a driver with a knee, back, or inner ear problem may have difficulty with the test, even if they are sober.

Challenging the Results of a Breath or Chemical Test

In North Carolina, the legal blood alcohol concentration (BAC) is .08%. Prosecutors typically rely on the results of a breath, blood, or urine test to show that you were over the legal BAC limit. In the event the test showed you were above .08%, you may still be able to defend yourself if there was a problem with how the test was administered or an issue with the chain of custody. In addition, if a breathalyzer device wasn’t properly maintained, stored, or calibrated, the judge may order that the evidence be excluded.

Proving Your Constitutional Rights Were Violated

Another common strategy when fighting a DWI is raising the argument that the police violated your Constitutional rights. If the court finds that the police conducted an illegal search and seizure in violation of your Fourth Amendment rights, any evidence obtained as a result cannot be used. Additionally, if an officer did not have probable cause to detain you, the evidence may be suppressed, leading to a dismissal of your case.

Establishing Police Interrogation Errors

Miranda rights violations are among the most common DWI defense strategies. Critically, upon taking you into custody, the police must read you your Miranda rights before they can ask you questions. This warning generally states that you have the right to remain silent and anything you say can be used against you in court — it also advises you that you have the right to have an attorney present when police are questioning you. Any errors made during a custodial interrogation can result in the statements you made to law enforcement being suppressed.

Contact an Experienced North Carolina DWI Defense Attorney

Fighting a DWI can be challenging — but even if you’ve been charged with one, it doesn’t mean you will be found guilty. It’s essential to have a knowledgeable criminal defense attorney by your side who has a deep understanding of the DWI defense strategies that can be used in your case to help ensure a successful outcome. The Johnston County traffic ticket attorneys at Reece & Reece, Attorneys at Law provide skillful representation for North Carolina DWIs and a variety of traffic-related criminal offenses. Call (919) 300-1249 to schedule a consultation and learn how we can help.