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DWI in North Carolina?
Question : DWI in North Carolina?
Hi,
I received a DWI in North Carolina after I was caught speeding. I blew into the portable machine and was over the limit but I have heard those readings are not admissible in court. He did not give field sobriety tests in front of the car, but did do some at the station which he said are not audio/video recorded. I refused the breathalyzer at the station, so they do not have an “actual” reading to prove anything. I know I may lose my license for simply not blowing, but what are my chances of getting convicted of a DWI with no recordings of my sobriety test and no “actual” readings from the breathalyzer machine at the station. Thanks.
portable breathalyzer
Best answer:
Answer by cmcav@yahoo.com
You’ve got a good case, talk to a lawyer.
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#2 written by dwoodall 1 year ago
NC doesn’t play around. I think the best you can hope for is losing your license for 6 months, and that’s only if they can’t find a way to convict you on DWI (Incidentally, the field test reading is admissible, but is not considered as reliable as the station testing. They will cite the reading he took in the field, and note that it was on a portable machine, but it will be up to the jury to decide.
Knowing North Carolina Juries, I wouldn’t like your chances of walking without a scratch.
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#3 written by Zach 1 year ago
The first one is admissible in court. It is your responsibility to say it is inaccurate. The officer will account for what they saw and the tests they saw. The evidence against you is going to be damning and you will be convicted of it because of the tests you did. The officer fills out a police report which tells everything they saw and did.
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It will be up to the judge if you are guilty or not. There is no way anyone here can determine if you will win your case or not. The Officer may testify to the way your driving, the odor of alcohol about your breath, any other signs of impairment (i.e. admission of drinking, blood shot eyes, how you walked, etc.). The Officer may also testify that the portable breath test was positive for alcohol on your breath. The Officer may not testify to what you blew but he may say it was positive for alcohol. The fact you refused the breath test may also be used against you. The Officer may also testify to what he observed of your field sobriety tests at the station, they do not have to be recorded to use as evidence. DWI convictions (like any conviction for a crime) is based on a totality of the circumstances not just on a breath test.
Because you refused your license will be revoked for a longer period of time and you will not be able to get a limited driving privilege.
Oh yeah, your car insurance is going to go through the roof.
You may want to talk to a lawyer.
NC Law Officer.