There is no difference between the term Driving While Impaired (DWI) or Driving Under the Influence (DUI) in North Carolina. These terms are often used interchangeably. However, in North Carolina, it is usually referred to as DWI. This offense is codified under General State 20-138.1. Due to the complexities of the legal issues associated with a DWI charge, it is important that you hire a Raleigh DWI Lawyer with courtroom experience to represent you.
Before becoming a Raleigh criminal defense attorney, I was an Assistant District Attorney in Wake County for nearly 5 years. As a prosecutor, I was specially assigned to impaired driving cases for several years and I was provided a unique opportunity to get an in depth view into how DWI offenses are handled in Wake County. Having tried hundreds of DWI cases to a Judge in District Court and dozens to juries in Superior Court, I have the courtroom experience your case deserves. In addition, I have tried almost twice that many pretrial motions related to the suppression of evidence or dismissal of a DWI case.
I have experience handling all types of DWI cases involving blood, breath, refusals to take intoxilyzer tests, wrecks, appreciable impairment cases without a breath or blood result, drivers who were asleep at the wheel or issues involving operation, checkpoints, leaving the scene of accidents, etc. and my experiences have allowed me to better understand what It is a judge and jury considers when deciding whether or not the State has met its burden of proving their DWI case against you beyond a reasonable doubt.
“Beyond a reasonable doubt” is a term that you may be familiar with from watching law related television shows. Should your case be tried before a jury trial in Superior Court, the judge will instruct your jury as to this extraordinary burden, which is imposed on the State. The instruction reads:
A reasonable doubt is a doubt based on reason and common sense arising out of some or all of the evidence that has been presented, or lack or insufficiency of the evidence as the case may be. Proof beyond a reasonable doubt is proof that fully satisfies or entirely convinces you of the defendant’s guilt. N.C.P.I.—Crim. 101.10
If you are charged with a DWI offense it is important that you hire an attorney who has experience handing DWI trials and pre-trial motions. Do not assume that your intoxilizer breath or blood results of a 0.08 or appreciable impairment requires you plead guilty to a DWI. The judges and juries consider many factors that are presented to them throughout the course of a trial or pre-trial hearing, among them the breath or blood alcohol content reading and your performance on field sobriety tests.
Consult an aggressive and knowledgeable attorney with courtroom experience in DWI cases. I will work hard to ensure that you are protected against government infringement of your rights. If you have been charged with DWI, please contact my Raleigh office today to obtain a free in-person consultation to discuss your criminal defense.