DWI Category Archives — Carolina Criminal Defense & DUI Lawyer Updates Published by Carolina Criminal Defense & DUI Lawyers

July 19, 2025

Can I get a continuance?

If you’re facing charges in North Carolina, there’s a good chance your case will not be resolved on the first court date, and therefore, you will need a continuance. It might be continued again, and again after that. Whether you’re charged with DWI in Mecklenburg County or facing a felony in Union County, continuances are part of the system.

Some clients ask, “Why is my case taking so long?” not realizing that continuances often help the defense more than they help the State. They wonder if the judge is overlooking something or if the system just doesn’t care. Some assume a continuance means something is wrong. In reality, it’s usually the opposite.

In criminal and DWI courtrooms across North Carolina, continuances are rarely about delay for its own sake. They result from crowded dockets, incomplete discovery, unavailable officers or witnesses, scheduling conflicts, or system failures that no one in the courtroom controls.

July 12, 2025

Eyelid Tremor Cannabis DRE: Unreliable Under Rule 702

by Carolina Attorneys

Should Eyelid Tremor Be Used to Prove Cannabis Impairment in North Carolina?

For years, the Drug Recognition Evaluator (DRE) protocol has relied on a structured set of physical observations to evaluate suspected drug impairment. Among these, the presence of eyelid tremor has been taught as a supposed sign of recent cannabis use. In practice, that means law enforcement officers conducting roadside evaluations or testifying in court may point to an eyelid tremor as evidence supporting probable cause or impairment. But as a recent study published in Clinical Toxicology makes clear, the scientific foundation for this assumption is, at best, unproven. At worst, it is affirmatively misleading.

In a 2024 peer-reviewed clinical research article by George Sam Wang and colleagues, the authors conducted a carefully controlled, blinded study to evaluate whether eyelid tremor could reliably and accurately be identified as a marker of recent cannabis use. The conclusion was clear. Eyelid tremor does not correlate with cannabis ingestion in a scientifically defensible way. Inter-rater reliability was poor to moderate. Specificity was dismal. And perhaps most importantly for DWI defense lawyers, the entire protocol used by officers to “spot” this supposed indicator would not come close to passing scientific muster in any peer-reviewed laboratory setting.

April 30, 2025

Felony Death by Vehicle vs. Second-Degree Murder in North Carolina

by Carolina Attorneys

When a fatal collision occurs on North Carolina’s roads, the legal system doesn’t apply a one-size-fits-all response. In cases involving loss of life, prosecutors may consider a range of charges depending on the circumstances. Two of the most serious offenses are Felony Death by Vehicle and Second-Degree Murder.

While both carry the weight of a felony conviction and serious sentencing exposure, they are grounded in different legal theories and involve distinct statutory frameworks.

This article examines how these charges are defined under North Carolina law, what legal elements separate them, and why the difference matters—not just to lawyers and judges, but to anyone trying to understand how the state treats fatal driving cases.

March 15, 2025

The Role of Expert Testimony in North Carolina DWI Cases

by Carolina Attorneys

Witnesses with specialized knowledge beyond that of a jury may in appropriate circumstances provide “expert testimony” in North Carolina. DWI (Driving While Impaired) charges in North Carolina regularly include evidence like breathalyzer results, blood tests, and standardized field sobriety tests.

Given the scientific, forensic, and at times highly technical aspects of impaired driving cases, testimony may include qualification in court of expert witnesses and consideration of NC Rule of Evidence 702 (the rule governing experts and expert testimony). In some circumstances, the formal process of qualification is not required if the police officer is certified by the State of North Carolina as a DRE – Drug Recognition Expert. It can, frankly, prove to be a complicated area of law.

At Powers Law Firm, our attorneys understand the impact that credible experts can have in DWI trials and how critical it is to get reliable evidence before the finder of fact. That may entail both challenging the State’s attempts to tender a police officer as an “expert” and introducing a defense expert to counter the conclusion of the State’s witness and their expert testimony.

March 11, 2025

Expert Witnesses in North Carolina DWI Cases: Types, Testimony, and Legal Considerations

by Carolina Attorneys

Prosecutors and defense attorneys regularly rely on expert witnesses to explain evidence that benefits from specialized knowledge. That may involve reviewing things like breath and blood testing procedures, DUI retrograde extrapolation, accident reconstruction, and medical conditions that could affect impairment assessments. This article examines the different types of experts used in North Carolina DWI cases, how courts determine whether their testimony is admissible under Rule 702, and what legal considerations apply when presenting expert evidence in court.

Understanding these issues can help if you’re facing a DWI charge. Expert testimony can play a significant role in North Carolina Driving While Impaired (DWI) cases, particularly when scientific, medical, or technical issues arise. Whether challenging the accuracy of a chemical test, questioning how an arrest was conducted, or providing insight into how a collision occurred, experts may help clarify complex evidence for a judge or jury.

What Is an Expert Witness?

March 8, 2025

DMV Willful Refusal Hearing in North Carolina: Key Issues and Legal Concerns

by Carolina Attorneys

Refusing a breath test in North Carolina triggers a separate, civil administrative legal process known as a willful refusal hearing. Even while a criminal DWI charge is pending in criminal court, the Department of Transportation – Division of Motor Vehicles (DMV) may move forward with revoking your license for failing to submit to breath and/or blood testing.

At the center of willful refusal proceeding is a hearing officer who effectively handles both the role of prosecutor—by eliciting evidence—and the role of judge—by deciding if your license will be revoked.

The stakes can be significant because a loss at the DMV hearing level may lead to a revocation lasting well beyond any criminal charge, even if the underlying DWI charge is cleared by dismissal or a not guilty verdict after a trial.

March 5, 2025

Expert Testimony: Daubert Standard and Rule 702 in North Carolina DWI Cases

by Carolina Attorneys

Expert testimony can play a pivotal role in DUI charges in North Carolina. In part, that’s because allegations of impaired driving often involve complicated scientific, forensic evidence and technical procedures—such as chemical breath tests, blood alcohol analyses, and field sobriety testing—that lay jurors or even judges may not fully understand. An expert witness, properly qualified and admitted, can provide insight into such complex matters both for the prosecution and the defense.

This article examines the legal framework governing expert testimony in North Carolina DWI cases, the standards for admissibility, procedural requirements, and practical considerations for using expert witnesses. The discussion is intended for attorneys, legal professionals, and anyone seeking an in-depth understanding of how expert evidence is handled in DWI trials relative to the Daubert Standard and Rule 702.

DMV hearings for willful refusal revocations can feel like a costly, uphill battle—and truth be told, they often are.

March 1, 2025

Blood Testing in North Carolina DWI Cases: What to Know

by Carolina Attorneys

While breath testing is often the go-to method for measuring a driver’s blood alcohol concentration (BAC), certain situations call for blood testing in a DWI case. Law enforcement may suspect drug involvement, or the driver may be unable (or unwilling) to provide a valid breath sample on an approved device. DUI fatalities tend to involve blood testing, as it the more accurate method to confirm the different possible sources of impairment and the respective concentrations of each.

Understanding when officers rely on blood draws in North Carolina—and how they handle chain-of-custody requirements—can help clarify whether the reported results are reliable or open to challenge.

This article explains common scenarios leading to blood tests, the difference between hospital versus EMT blood draws, how labs analyze samples using Gas Chromatography–Mass Spectrometry (GC-MS), and what legal issues can arise involving consent, patient privacy, and chain of custody. If you have questions about blood testing in a North Carolina DWI, call or TEXT the Powers Law Firm at 704-342-4357, or email Bill Powers at Bill@CarolinaAttorneys.com.

October 10, 2024

DUI Assessment in North Carolina: What You Need to Know

by Carolina Attorneys

If you’re facing a DWI charge in North Carolina, you may have heard about DUI assessments. These evaluations play an important role in the legal process and can positively impact the outcome of your case.

That’s because DUI assessment is considered a statutory mitigating factor in North Carolina, which means it can potentially lead to a more favorable outcome in your case.

Moreover, completing an assessment is necessary for a pretrial limited driving privilege that, if you’re eligible, allows you to drive under certain conditions while your case is pending.

October 6, 2024

Understanding Fourth Amendment Rights in Traffic Stops

by Carolina Attorneys

In the realm of criminal law, few constitutional protections are as fundamental as those provided by the Fourth Amendment.

These rights, which safeguard people against unreasonable searches and seizures, are continuously interpreted and refined through court decisions.

A recent North Carolina Court of Appeals case, State v. Warren Douglas Jackson, offers valuable insights into how these protections apply in real-world scenarios.