I know right now is not one of the best times of your life. Having been charged with Driving While Impaired is a horrific ordeal. Not only do you feel ashamed and embarrassed, you also may feel that you were treated unfairly by the police. These feelings you are having are not uncommon. At LAW SMITH, The Law Offices of J. Scott Smith, PLLC, we are here for you. Let us investigate your case and leave no rock un turned concerning your defense. A lot of times, things seem much worse than they actually are. Give us a call for a free and confidential consultation to ease your mind. Remember, you are not alone. We are here to help and have helped many others in your unique and difficult situation.
DWI LAWS IN NORTH CAROLINA
How is Driving While Impaired or DWI defined in North Carolina? The controlling statute, NCGS § 20-138.1, is reproduced in part below:
§ 20‑138.1. Impaired driving.
(a) Offense. – A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:
(1) While under the influence of an impairing substance; or
(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a persons alcohol concentration; or
(3) With any amount of a Schedule I controlled substance, as listed in G.S. 90‑89, or its metabolites in his blood or urine.
Keep in mind that the State can also use what is referred to as “appreciable impairment” to make a case against you. Appreciable impairment is defined as impairment that causes the person to lose normal control of their physical or mental faculties or both. Examples of Schedule 1 substances include: opiates and their derivatives, psychedelic substances, depressants, and stimulants.
Contact a Greensboro DWI attorney if you been arrested for DWI.