DWI Burdens of Proof

North Carolina Rules of Evidence

Modified Transcript of “DWI Burdens of Proof” for Hearing Impaired:

The third burden of proof that the state has to satisfy when we’re speaking about a prosecution for DWI, I’m just going to refer to as criminal procedure at large. When we’re talking about reasonable suspicion, typically we’re talking about the stop. When we’re talking about probable cause, we’re typically just talking about the arrest. Criminal procedure at large we’re talking about the process as a whole, but not from a factual end necessarily, but from a procedural one.


These are going to be things like looking at the chemical analysis, looking at whether or not somebody was processed in the appropriate way after blowing into the Intoxilyzer, Intoximeter EC/IR II or whatever device is used and affording them a release from custody thereafter. Even with respect to the foundational requirements for a checkpoint. I always separate that argument from the reasonable suspicion end.

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Because with a checkpoint or anything else that requires foundational requirements, everything may have been done according to the book and that would satisfy the first prong that the state has to satisfy, but then if you look a little deeper and you realize that the book is wrong or there is something flawed in the process, it may afford you some kind of relief in your defense overall.

There are other things that we’re always going to look at with respect to the jurisdiction requirements and the personnel that are brought to court as to which aspects of the prosecution are satisfied by which people. Oftentimes in Cabarrus County we will deal with things like that because for things like races and other tourist events going on where additional law enforcement personnel have to be brought in from different parts of the state, we always want to make sure that when defending a client, we force the state to bring all the requisite personnel to court.

See Related:  Burdens of Proof Sentencing North Carolina

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