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Hope Remains, Despite Tough New DWI Laws

Posted by: euser
August 08, 2006
Topic: DWI / DUI / Impaired Driving

Despite the adoption of new regulations regarding Drunk Driving, there are options for those arrested for Impaired Driving.  Recent changes in the law primarily revolve around recommendations made by the Governor's Task Force regarding Impaired Driving. 

The most important changes involve:

1.  Limited Discretion by District Court / Trial Judges regarding the admissibility of readings by the Intoxilyzer 5000.  (Most people refer to it at the Breathalizer, but actually that is an older machine that is no longer in service within the State of North Carolina). 

2.  Increased punishments (jail / prison time) for matters involving drunk driving and death by motor vehicle.  (Related to the series of tragedies on local highways within the last two years).

3.  Requiring beer distributors who sell kegs to keep better records about who buys kegs and their personal information.  (Related too to the alcohol related fatalities and underage drinking drivers.) 
The DWI / DUI law changes came after a series of very critical stories by the Charlotte Oberver involving conviction rates.  In an effort to become ever tougher on drunk driving, the Governor established a panel of prosecutors, law enforcement officers (police, troopers, etc.) and judges to review DWI laws and make recommendations.

At issue was the hope to establish a "per se" benchmark, whereby anyone who causes the Intoxilyzer 5000 to read .08 or higher is presumed impaired.  Unfortunately that does not take into consideration inherent errors of the machinery or other factors that may cause "false high" readings.

Those accused with Impaired Driving should not give up hope, as there are certain medical conditions and operational factors that can be addressed at trial.  Furthermore, there remain substantial hurdles for the State to make in its "case in chief" requiring prosecutors to establish the prima facie elements of an offense.
Experienced trial lawyers continue to look at issues involving:  Reasonable Suspicion, Probable Cause to Stop or Arrest, SFST's or Standardized Field Sobriety Tests, Psychophysical Tests and portable breath testing devices such as the AlcoSensor, AlcoSensor III and AlcoSensor IV. 

Anyone charged with Drunk Driving should immediately contact an experienced trial attorney for advice.  For a free consultation, call Bill Powers at the Law Offices of Bush & Powers 704-342-4357. 
Mr. Powers is a Board Certified Criminal Law Specialist by the National Board of Trial Advocacy and former chair of the annual North Carolina Academy of Trial Lawyers DWI Conference.  Further explanation of qualifications and experience may be found at:  http://www.1stpriorityyou.com/powers.htm or http://www.BushandPowers.com. 
 
http://www.charlotte.com/mld/charlotte/news/15123287.htm


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