Modified Transcript of “DWI Below the Legal Limit” for the Hearing Impaired:
One of the things that we hear about from a lot of our clients, and it’s a great question, is, “Hey, if I am not 0.08 or higher, can they actually hang DWI on me?
Can I be convicted of this offense?” The simple answer is yes.
See Related: NCGS 20-4.01
That does not necessarily mean it’s going to be an easy case for the state to make against our client, but there’s a few things to keep in mind.
First, in North Carolina, we have what’s called a bifurcated standard, when we are talking about impairment. There are 2 ways, with respect to alcohol, that the state can make the impairment prong.
The first is, an accurate reading of 0.08 or higher, or secondly, what we just refer to as actual impairment. That is, hey, regardless of what number you assess me, what number the instrument says that my blood alcohol content is, it doesn’t change the fact that I may be impaired on alcohol.
We’re seeing a lot more of these prosecutions. I remember practicing 10 years ago; it really was a situation, especially in some of the bigger counties in the state, where if it was 0.07 or below, frankly, if they didn’t have a glaring situation of impairment, the state would often times dismiss, or very few judges were comfortable convicting the person.
That’s no longer the case.
We constantly represent people, 0.07, 0.06, 0.05, and it’s important that everybody knows that simply because that number comes back, what they believe to be below the legal limit, it does not change the fact that you may need quality representation with respect to the case.
If you’re charged with DWI, please feel free to give us a call at Powers Landreth.
Bill Powers has been listed in 2015 SuperLawyers North Carolina Magazine. In calendar years 2012, 2013 & 2014, SuperLawyers further included Bill in the “Top 100” Lawyers in North Carolina. In 2013 Bill was listed as “Top 25 in Charlotte” by SuperLawyers North Carolina.
For Membership Information & Criterion for Inclusion to SuperLaywers North Carolina see: https://www.superlawyers.com/north-car…
Powers Landreth, pllc in 2015 has been again listed as a “Best Law Firm” by U.S. NEWS & WORLD REPORT. For Member Info & Criterion for Inclusion see: https://bestlawfirms.usnews.com/profil…
In 2015 Bill Powers has been included in Best Lawyers of America. For membership info & criterion for inclusion see:https://www.bestlawyers.com/lawyers/bi…
Bill Powers has also been listed in “Top 100 Criminal Defense Lawyers in North Carolina” by The National Trial Lawyers. For member info & criterion for inclusion see: https://www.thenationaltriallawyers.org/profile-view/Bill/Powers/5071/