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If you were arrested for DWI and took the breathalyzer test you know what amount you blew. If you blew a .08 or above you may feel “done for” and hopeless. Most of us know if you blow a .08 or above then you can be charged with a DWI. It is true that at trial the State must prove the driver had a BAC of .08 or above, however there is more that must be proven to be found guilty of a DWI. Just because you blew a .08 BAC does not necessarily mean all hope is lost. There still may be other aspects of your case that can be challenged.
One of the most common challenges of a DWI charge is the constitutionality of the traffic stop. In order for police to make a valid traffic stop he or she must have a constitutionally justified reason. In North Carolina police must have at least reasonable suspicion to believe the vehicle has or is committing a crime. If it can be shown in trial the original traffic stop was not valid than any other charges resulting from that stop will be dismissed.
There are other reasons as well that a DWI charge may be dropped despite the reading of the breathalyzer test such as issues with the equipment that used to administer the test or attacking issues with the arrest itself. The State has the burden to prove all the elements of a DWI charge and if any element cannot be proven the charge must be dismissed. Contacting an attorney who knows DWI law in North Carolina will help you get the results you need.

In addition, juries are very suspicious of the breathalyzer machine. Each person’s bodies are affected by alcohol differently. We have different metabolisms, tolerances, and react differently. Driving While Impaired does not simply mean you blew over a 0.08 BAC. You are innocent until PROVEN guilty beyond a reasonable doubt. When choosing a lawyer, these are the words you need to hear. We routinely win cases in front of juries where the only sign of impairment was the breathalyzer, we look at all the evidence before deciding whether to negotiate a plea or take your case to trial, as always, it’s the client’s final decision on proceeding to trial.

Our attorneys will review your case and make sure you receive the fair representation you deserve. If you find yourself in a situation in which you have been charged with a DWI in North Carolina you need to hire an attorney who knows and understands complex criminal law. Our attorneys will work tirelessly to defend your case. Contact one of our attorneys directly by calling 704-499-9000 or toll free 877-374-5999.