On these facts, this is actually a good case. Obviously no guarantees can be made, but it's unlikely that they saw any bad driving since it was a checkpoint. The .08 itself is sufficient to find you guilty, but a line of cases in the past two years has reiterated that a .08 does not require a guilty result. Of course, part of this is going to depend on your conduct - if you did well on the SFSTs, didn't make a ton of admissions, and you were polite/cooperative, walking ok, etc. you have a good issue on impairment.
You also may have a good issue on the checkpoint itself - checkpoints can't be for general crime enforcement. They need to have a specific programmatic purpose.
I'd suggest you contact Bill Powers, who posts here frequently. He's based out of Charlotte, but I believe he does cover your area. (I don't go to Greensboro, preferring to stay in my home county of Wake County). You can visit his website at www.powmac.com
This is certainly a case where you should talk to a lawyer - there are potentially good issues, and in the long haul, being found not guilty is worth the cost of the lawyer, if that happens.
<a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson represents people in Raleigh, Cary, Apex, and the rest of Wake County, North Carolina. The information provided here is for educational purposes only and should not be relied upon as the specific facts may change the potential advice. Consult with a licensed <a href="http://www.chetson.net">Raleigh criminal lawyer</a> or attorney in your jurisdiction about your legal question or problem. For a free consultation about a North Carolina case, call (919) 352-9411 day or night, any day of the week.
In addition to your performance on police field exercises, breath testing is a questionable science. The use of breath testing machines in a truck on the side of the road is even more questionable. Make sure you hire a lawyer who can question the government at EVERY LEVEL to fight for your defense.
You need the assistance of local, experienced DWI attorney who is comfortable in the courtroom and who will review the legal issues and offer advice on moving forward. Understand that every jurisdiction is different, but, as others have pointed out, the thing about checkpoint stops that is common from one state to another is that rarely do they involve observations by a police officer of bad driving which, on the open road, might get a motorist pulled over. Good luck.
There is a real chance that (1) you are not guilty, and (2) you can win this case.
You need the assistance of a good dwi/owi/dui/drunk driving defense lawyer.
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I agree with each response. You need to find an attorney who has experience in taking DWI's to trial. You have some great facts that may result in a dismissal or a not guilty verdict. Based on the facts that you have recited, you should certainly fight this case.
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