Charged DWI. but tested only at .07. Why are they able to charge me. Possible outcomes. How will this affect insurance and licen

Asked 12 months ago - Shallotte, NC

admitted to alcohol but was unconcerned as having had so little and time had passed. They tried to make me fail the field test but making me stand on one foot far too long and uneven surface. This is not right. I was not impaired. Had 4 wines beginning at 5. Was stopped at 10. Roadblock.

Attorney answers (5)

  1. James Kevan Minick

    Pro

    Contributor Level 12

    8

    Lawyers agree

    Answered . You need local counsel on this immediately. The DA's Office could potentially proceed with the charge under the appreciable impairment prong of the statute, which would mean that they could look to establish impairment by means other than a chemical test. They could also potentially seek to use an expert to show that your BAC level was higher at the time of the stop than at the time of the chemical test. Consult with an attorney immediately.

    Offices in Asheville, Gastonia, Charlotte, and Wilmington. Answers given on this site are intended to be general... more
  2. Ethan Patrick Meaney

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . I don't practice in NC but most states also have a DUI statute that makes it illegal to drive while under the influence of alcohol regardless of your test result. This type of charge is harder to prove and requires the court/jury to consider the totality of the circumstances to determine if you were under the influence of alcohol at the time of driving. Best advice would be to consult with an experienced DUI attorney in your area. Good luck.

    This is not intended as legal advice. No attorney / client relationship exists because of this response.
  3. Daniel Nelson Deasy

    Contributor Level 20

    5

    Lawyers agree

    Answered . I agree with my colleagues.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  4. Christopher Irvin Simser

    Contributor Level 19

    4

    Lawyers agree

    Answered . Attorney Meaney is correct.

    I advise you to speak with and retain an experienced DUI defense attorney as quickly as possible. He or she will be able to take all the facts of the case and tell you how the law will be applied to those facts. Look for an attorney familiar with eth court where you are charged and with the prosecutor's office handling your case.

  5. Dustin R. T. Sullivan

    Contributor Level 14

    2

    Lawyers agree

    Answered . All of these attorneys have given excellent advice. If you received this charge in Brunswick County or the surrounding area, give us a call at (910) 508-2200. DWI cases are the majority of cases we handle.

    Call Trial Attorney Dustin RT Sullivan at (910) 508-2200 or visit us at www.sullivansnowlaw.com to find out more.

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