If you got a DWI, just know that the world is not over. You have a lot of options and ways to fight the charge of DWI in North Carolina. The best advice is to get a lawyer with experience. The Law Corner DWI Attorneys can help you get your DWI case dismissed. Here are the common strategies used to get a DWI case dismissed in North Carolina.
For the most part, there are three ways to challenge your DWI.
When you get pulled over, the police officer needs a reason. This means that if you get pulled over for a DWI when you were not breaking the law, a Raleigh DWI lawyer has an opportunity to challenge the stop. To successfully challenge the stop, your Raleigh DWI lawyer will need to get the video footage of your driving and make sure that the allegations in the officer’s report align with what is recorded in the footage. If your DWI lawyer proves to a judge that the officer had no reason to pull you over, through the video footage, your case can be dismissed.
Many people know about the tests the officers may give a person to see if they are “Driving While Intoxicated.” These tests are there to give the officer probable cause — which consists of everything to include how you were driving prior to being pulled over, the officer’s observations of how you are acting, speaking, etc., how you do on your field sobriety tests, and even how you act during the arrest itself.
A Raleigh DWI lawyer may be able to prove to a judge that the officer did not have probable cause, which may result in the dismissal of your DWI case.
Field Sobriety Tests are tough – to the point that many people cannot even do them sober. Now,, the officers want you to take these tests, so they will set them up in a way so that you are “proving your innocence” and to show them “you haven’t been drinking.” The truth is, the officer is just wanting you to give them more evidence that they can use against you and charge you with a DWI. They are not setting you up for success and most of the time, you are probably better off not taking the field sobriety tests at all.
There are the Standard Field Sobriety Tests, which consist of the Walk-and-Turn Test, the One Leg-Stand Test, and the Horizontal Gaze Test. The walk and turn test is where the officer has you walk in a straight line (Usually toe to heel) for a specific amount of steps, then has you turn and walk back the same way The One Leg-Stand Test, is where you stand on leg counting upwards or downwards (usually saying one-one thousand). Last is the horizontal gaze test – where the officer shines a bright light in your eyes and you have to follow the light with your eyes (not moving your head).
Then there are the Non-Standardized Tests: Alphabet Test, Counting Test, Romberg Balance Test, Finger Dexterity Test. The alphabet test is where the person must say the alphabet starting from a given letter and either go forwards or backwards. The counting test has the same rules- the officer will give you a number and you have to go forward or backwards (usually with ” # one-thousand”.) The Romberg Balance Test is where the person must stand with feet together, tilt their head slightly back, close their eyes, and after 30 seconds, bring their head forward, open their eyes and say “stop.” Lastly is the Finger Dexterity Test, which is when you have your arms out to your sides and you must touch the tip of your finger to the tip of your nose.
There seems to be some discrepancies as to how accurate these tests are, mostly due to the fact that they are not always administered correctly. When you work with an attorney at The Law Corner, we know how these tests should be given and can see if the officer was in compliance with the administration of the exam. Then, given the recordings and the statement of the officer, we may be able to cast doubt due to the officer’s testimony.
Well, if your Raleigh DWI Lawyer cannot use steps 1 or 2 to get you out of your DWI, the prosecution will still have to provide all the evidence to show that you are actually guilty. This is where “innocent until proven guilty” takes place. In other words, the state’s prosecuting attorney will have to show the judge that you are guilty beyond a reasonable doubt.
Just because you blew over the legal limit (.08), doesn’t necessarily mean that you’re guilty of a DWI. The prosecution will have to present all of their evidence, which will then be taken into consideration by the judge.
When you work with a DWI lawyer at The Law Corner, we will argue that you were not impaired by your Breath Alcohol Content (BAC).
Also, your lawyer will need to find out how the EC/IR-II test was given because many times the proper procedures are not followed and this is essential. If it turns out that the officer did not take the specific procedure before administering the test, your DWI lawyer from The Law Corner may be able to get the BAC removed from evidence. Then, that will leave the prosecution in a tough spot to prove that you were guilty of a DWI.
If step 3 is used, your DWI case may be dismissed.
For more information about how to get out of a DWI, call The Law Corner today! In a consultation, a Raleigh DWI attorney will hear what happened to you when you were charged with a DWI. From here, the DWI lawyer in Raleigh will tell you your rights and tell you the options you have available. Don’t let a DWI haunt you for the rest of your life. Find a way to be cleared of your DWI!