In North Carolina a first-time a driver convicted of DWI may be sentenced to up to 60 days in jail, while repeat offenders can face a sentence of up to two years in jail. However, with the help of a DWI lawyer, one can fight a DWI charge and possibly prevent a conviction.
Here are some reasons why a DWI case might be dismissed:
North Carolina law enforcement agencies are allowed to operate DWI checkpoints to catch drivers who’ve had too much to drink. However, before the Sheriff’s Department can legally operate a checkpoint it must have written guidelines to conduct the stops. In early 2014, a three-judge panel rules that the evidence gathered at a checkpoint in Anson County was inadmissible because the checkpoint was organized by an agency without written guidelines.
Forceful submission to tests
When drivers are stopped at a checkpoint and police officers suspect intoxication, drivers have the right to refuse field sobriety and breathalyzer tests in most cases. If law enforcement officials attempt to coerce or force drivers to submit to such the tests, then the case could possibly be dismissed.
Norht Carolina checkpoints don’t necessarily have to involve all cars that pass their way. However, if all cars are not stopped, police officers must have guidelines for determining the pattern in which they are, such as stopping every 10th car. If these rules are followed consistently, the stop may not be legal and the charge can be challenged.