If you have been convicted of DWI in North Carolina, you may have been charged under Intoxication Per Se Laws. Per Se laws allow a driver to be convicted of a DWI (Driving While Impaired) based solely on the results of a blood or breath test.
The legal limit for blood alcohol concentration or BAC in North Carolina, and all other states is .08. For commercial drivers, the legal limit is .04. Under Per Se laws, if a blood or breath test indicates the BAC is higher than the maximum level, the officer does not have to offer any other form of evidence that proves the driver was impaired.
Appreciable Impairment
In order to be convicted of a DWI without a chemical test, it must be proven that the driver was in control of the vehicle while appreciably impaired. In other words, an officer must have witnessed the driver acting impaired, either by driving negligently, having bloodshot eyes or failing to pass a field sobriety test. It is much easier to submit the results of a chemical test into evidence than it is to prove appreciable impairment.
DWI Under Per Se Laws
Not all hope is lost for those charged with a DWI under per se laws, especially if you get the help of an experienced DWI attorney. If a driver has been charged but was not showing any other outward signs of impairment, a defense lawyer can argue the validity of the BAC results at hand. Also, if there were any violations of procedural protections during an officer’s investigation or arrest, the blood or breath results may be suppressed by a judge.
Contact Us
If you have been charged with DWI per se, contact the Floyd Law Offices right away to schedule a free, no-obligation review of your case. Call (919) 805-3663 today.
