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Effective December 1, 2006, a sweeping new DWI statute goes into effect.  Although problematic in several areas, one suggested modification to help clear up confusion is the following proposed pattern jury instruction.

The instruction itself was prepared by the North Carolina Academy of Trial Lawyers after consultation among the DWI membership to hopefully prepare the courts, prosecutors & other professionals.

If you have questions regarding the new DWI law, please do not hesitate in calling:  Bill Powers  704-342-4357. 

Modification to N.C.P.J.I. – Crim. 270.20 and to N.C.P.J.I. Crim. – 270.25.

To be inserted after paragraph (B) under the “And Third” element in each instruction: 

 (if the evidence tends to show that a chemical test of the defendant’s [breath] [blood] yielded a result showing an alcohol concentration of .08 or more grams of alcohol per [210 liters of breath] [100 milliliters of blood] you may find that this evidence, by itself, is sufficient to establish that the defendant’s actual alcohol concentration was .08 or more grams of alcohol per [210 liters of breath] [100 milliliters of blood] but you are not required to do so.  You should consider all of the evidence, including the results of any chemical test, in determining whether the defendant had consumed sufficient alcohol that at any relevant time after the driving the defendant had an alcohol concentration of 0.08 or more grams of alcohol [per 210 liters of breath] [per 100 milliliters of blood].)