DWI with a BAC less than .08

The police may arrest you even though you have a BAC of less than .08.  When police decide to make an arrest for DWI they do so as a result of the evidence they have that you are driving impaired.  Police make this determination by administering field sobriety tests...

Mopeds and DWI

Under North Carolina currently you do not need to have a driver’s license in order to operate a moped on the road in our state. Anyone who is at least 16 years old and wears a safety helmet may drive a moped on the road in NC.  In order to be considered a moped for...

PBT and DWI

The PBT (portable breath testing device) is commonly used by law enforcement officers to obtain a sample of someone’s breath to determine what BAC level he or she has.  These portable devices are most often used during a traffic stop on the side of the road.  A common...

Visual speed estimates and Probable Cause

A popular question that often comes when discussing probable cause for a traffic stop is can a police officer stop someone based only on a visual estimate of their speed?  In the Fourth Circuit that question appeared to be answered in the case of United States v....

Odor of alcohol in DWI cases

The odor of alcohol alone is not enough to support a conviction of DWI and is not enough by itself to justify probable cause to arrest.  It is not illegal to drive after drinking, it is just illegal to drive while impaired which in North Carolina impairment is a BAC...