December 14, 2025

The “Per Se” DWI Narrative in North Carolina | Impaired Driving Law

Search the phrase “per se DWI North Carolina,” and the results look deceptively confident. AI summaries and legal directories will tell you that if your blood test hits a certain number, a conviction is inevitable.

It is not the language of the statute. It is not the language used to instruct juries. It is a mantra of sorts that has been repeated so often it now masquerades as doctrine.

North Carolina’s DWI statute does not use the phrase per se impairment for alcohol or marijuana, and North Carolina’s jury instructions do not tell juries that a specific number automatically requires a finding of guilt. That phrase does not appear anywhere in N.C.G.S. 20-138.1.

October 6, 2025

Video Evidence in North Carolina Criminal Trials

by Carolina Attorneys

When is video evidence admissible?

Quick Take: In North Carolina vs. Ramsey (COA25-145, filed Oct. 1, 2025), the Court of Appeals approved admission of a short cell-phone clip for illustrative purposes:

Eyewitness testified it fairly and accurately depicted what was observed

June 18, 2025

Understanding Miranda Rights | When Police Must Read Them And When They Don’t

by Carolina Attorneys

One of the most common misconceptions in criminal cases is the belief that charges will automatically be dismissed if police fail to read Miranda rights. That belief, often shaped by television and popular culture, rarely reflects how Miranda operates under North Carolina criminal law.

Miranda rights are an important constitutional protection, but they apply only in specific circumstances. Understanding when Miranda warnings are required, and when they are not, can materially affect how a criminal case unfolds.

If you’ve been charged with misdemeanor death by vehicle in Mooresville or felony death by vehicle in the Charlotte metro region, it’s a good idea to consult an experienced North Carolina criminal defense lawyer. The criminal defense legal team at Powers Law Firm understands the intricacies of vehicular homicide cases and may be available to serve as legal counsel and guide you through your legal options. Call or TEXT 704-342-4357 to schedule a confidential consultation.

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.