I am wondering if i blew a .11 on a breathalyzer if i can fight it in court and win, and if any loop holes exist.

Asked over 2 years ago - Jacksonville, NC

Hello, i received a DUI last night for blowing a .11. I was pulled over for a revoked license plate. I had no idea it had been revoked and when pulled over was given a breathalyzer.

Attorney answers (3)

  1. James Whitfield Mcgee Jr

    Contributor Level 7

    4

    Lawyers agree

    Answered . You must have been pulled over for an expired registration or perhaps the plate was suspended for an insurance lapse. A dwi is complicated you need to speak to an attorney as soon as possible. The lawyer you hire could contest the stop, arrest, and many more issues. Be sure to hire an attorney who regularly defends dwi cases.

  2. F. "Bill" William Powers

    Contributor Level 17

    2

    Lawyers agree

    Answered . Good question. DWI cases in North Carolina are VERY complicated. An experienced attorney is going to want to know more about the stop, the basis for the arrest and whether the testing protocols were followed.

    Need more information.

    SEE ALSO:

    § 20‑16.2. Implied consent to chemical analysis; mandatory revocation of license in event of refusal; right of driver to request analysis.

    (a) Basis for Officer to Require Chemical Analysis; Notification of Rights. – Any person who drives a vehicle on a highway or public vehicular area thereby gives consent to a chemical analysis if charged with an implied‑consent offense. Any law enforcement officer who has reasonable grounds to believe that the person charged has committed the implied‑consent offense may obtain a chemical analysis of the person.

    Before any type of chemical analysis is administered the person charged shall be taken before a chemical analyst authorized to administer a test of a person's breath or a law enforcement officer who is authorized to administer chemical analysis of the breath, who shall inform the person orally and also give the person a notice in writing that:

    (1) You have been charged with an implied‑consent offense. Under the implied‑consent law, you can refuse any test, but your drivers license will be revoked for one year and could be revoked for a longer period of time under certain circumstances, and an officer can compel you to be tested under other laws.

    (2) Repealed by Session Laws 2006‑253, s. 15, effective December 1, 2006, and applicable to offenses committed on or after that date.

    (3) The test results, or the fact of your refusal, will be admissible in evidence at trial.

    (4) Your driving privilege will be revoked immediately for at least 30 days if you refuse any test or the test result is 0.08 or more, 0.04 or more if you were driving a commercial vehicle, or 0.01 or more if you are under the age of 21.

    (5) After you are released, you may seek your own test in addition to this test.

    (6) You may call an attorney for advice and select a witness to view the testing procedures remaining after the witness arrives, but the testing may not be delayed for these purposes longer than 30 minutes from the time you are notified of these rights. You must take the test at the end of 30 minutes even if you have not contacted an attorney or your witness has not arrived.



    bill powers

    NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the... more
  3. Gregory David Spink

    Contributor Level 11

    2

    Lawyers agree

    Answered . You certainly need an attorney who will fight for you on this case. The good news is you were stopped for a Revoked License and so hopefully your driving wasn't bad. An attorney will need to review the evidence from the Police Officer in more detail to see if he can challenge the arrest, the BAC reading, or any other number of issues in a DWI case.

    Call an attorney as soon as you can to start working on the case.

    Attorney Gregory Spink is licensed in North Carolina, with a focused practice in Mecklenburg and Gaston Counties.... more
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