DUI/DWI

Dozens Of UNC Charlotte Students Cited For Underage Drinking

Published on: February 20, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What happens if I am convicted of a DUI or DWI in North Carolina?”

Drinking and college often go hand in hand. Drinking and frat parties? Even more so. However, trouble can arise when the people doing the drinking at the frat parties are not of legal age to freely imbibe.

This past weekend, dozens of students from UNC Charlotte learned the hard way that authorities take the issue of underage drinking quite seriously. That’s because officers with the university police force and the North Carolina Alcohol Law Enforcement office responded to complaints about a wild party going on at the Chi Phi frat house on E. Mallard Creek Church Road.

The police got reports that the Saturday night bash had underage students consuming large amounts of alcohol, with some compounding their legal troubles by then driving home. News reports indicate that 75 people were cited at the party, many for underage drinking and others for DUI. Several other students were arrested and charged with misdemeanor possession and aiding and abetting possession of alcohol.

One of those arrested was the 19-year-old president of Chi Phi who now faces the embarrassing reality of tackling criminal charges after what was supposed to be a fun weekend party. University officials say this is not the first time Chi Phi has been disciplined for similar conduct and, as a result, it has now been placed on interim suspension. The group has been chastised for violating not only university policies and their own national rules, but also state law by allowing underage students to consume alcohol.

North Carolina Criminal Cases Tackle Sobriety Checkpoints

Published on: February 18, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “Are breath test results always accurate?”

Several important recent criminal court decisions are poised to impact how law enforcement agencies across North Carolina handle drunk driving checkpoints in the future. Experts say that the cases are clarifying exactly what is required of police officers to operate a valid checkpoint.

Sobriety checkpoints in North Carolina are becoming a far more common sight for drivers out in the evening or late at night. In addition to official checkpoints where officers stop all drivers passing through the area, some police departments are engaging in what are known as saturation patrols, which target areas popular for drinking with extra police officers. Both strategies are among those embraced by law enforcement agencies across the state and are aimed at cracking down on incidents of impaired driving.

Earlier this month, the North Carolina Court of Appeals issued a ruling regarding a sobriety checkpoint out of Anson County. In that case, a driver was arrested and charged with a DWI after officers conducted a breath test. However, the Court of Appeals held that the evidence obtained during the sobriety checkpoint was inadmissible during trial because the law enforcement agency conducting the sobriety checkpoint never bothered to write down official guidelines for how the checkpoint would be conducted. The case amounted to a surprising victory for the defendant and a rebuke of the local sheriff’s office.

North Carolina Man Faces Nearly Two Years In Prison After Drunken Moped Driving

Published on: January 30, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What happens if I am convicted of a DUI or DWI in North Carolina?”

Police from Catawba County, North Carolina arrested a man for drunk driving on a moped nearly two years ago. Aaron Barkley, 34, has since been sentenced as a habitual offender, meaning the drunken moped operator will now face serious jail time.

The District Attorney’s Office in Catawba says that Barkley was arrested back in May of 2012 after police say he scooted right through a driver’s license checkpoint. When police took off after him and pulled him over, the officers administered a Breathalyzer test and found that his BAC was 0.11 percent, well in excess of the state’s legal limit.

Because Barkley has been convicted of drunk driving three times in the past, he faced heightened punishment this time around. Just this past week a judge sentenced Barkley to 23 months behind bars.

Though it may come as a surprise, if Barkley had been driving in South Carolina at the time he would not have faced drunk driving charges. That’s because in South Carolina, mopeds are not listed as “motor vehicles” and thus cannot serve as the basis for a DUI charge. Instead, a drunken moped driver could only be cited for something like disorderly conduct.

Drunk Iowa Man Arrested After BAC Levels Top The Charts

Published on: January 7, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What happens if I am convicted of a DUI or DWI in North Carolina?”

A 28-year-old from Iowa City, Iowa recently set records after being arrested for drunk driving. The record was not the number of times he’d been arrested, but was instead the amount of alcohol in his system.

Levi Carter was arrested for driving drunk last Friday at around two in the morning. A passenger tipped off the police to Carter’s intoxication after the two drove off the road and crashed into a street sign. The woman called the cops saying that she’d been injured and needed the assistance of law enforcement.

When cops arrived, the woman told officers that when she at Carter’s home she found him pacing around his basement talking to people that were not there. Carter was unable to hold himself upright and smelled strongly of booze. When police approached Carter he claimed that he was not intoxicated, saying that he had only had two Bud Lights to drink all evening.

Despite his protestations, Carter was unable to perform a standard eye test or any other aspect of the routine field sobriety tests. Cops then got out a Breathalyzer machine and had Carter give a breath sample. The first reading registered a 0.467 BAC. The subsequent tests appear to have broken the machine, with the results only coming back as “HI.” The stunned police officers slapped Carter in handcuffs and took him to jail to sober up. Carter has unsurprisingly been charged with operating a vehicle while intoxicated.

Charlotte Drunk Driving Plea Deal Rejected And Approved By Two Judges Within A Few Hours

Published on: January 2, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “Are breath test results always accurate?”

In an odd drunk driving case out of Charlotte, a judge in Mecklenburg County recently accepted a plea deal for a driver only several hours after another judge rejected the identical deal.

The plea deal involved a sad case where a passenger was killed in the car driven by Bairon Sandoval. The accident took place last February and Sandoval was initially charged with felony death by vehicle, DWI and lacking a valid driver’s license. His criminal defense attorney was able to reach a deal with prosecutors who agreed to reduce the charge to involuntary manslaughter in exchange for Sandoval serving between 10 and 20 months behind bars.

Sandoval had admitted that he and several friends had spent the evening drinking in a bar prior to driving home with a friend, 20-year-old Tatiana Rivera. Rivera was killed and two other innocent victims were injured in the accident that occurred after Sandoval ran into a tree near the intersection of Tyvola and Old Pineville Roads. Police officers tested Sandoval’s blood and determined his BAC was 0.10 percent, slightly higher than the state’s 0.08 percent legal limit.

Given that the plea deal had been reached between the prosecutor and Sandoval’s attorney, all that remained was to have a judge sign off on the deal, something that is typically only seen as a formality. Such deals are commonplace and save both sides significant time and money, reducing the risks that are inherent in a criminal trial. Despite the deal already being in place, one judge initially disagreed with the plea arrangement, saying that he was not willing to sign off on such a light sentence given that Sandoval’s drunk driving had directly led to another person’s death.

Dozens Arrested Following Charlotte, NC Police Checkpoint :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: December 5, 2013 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What happens if I am convicted of a DUI or DWI in North Carolina?”

Officers from the Charlotte-Mecklenburg Police Department say that they have issued more than four-dozen charges to drivers in connection with an overnight checkpoint Saturday and early Sunday morning.

Police Car lights Charlotte DWI Lawyer North Carolina Criminal Defense Attorney.jpg Police with CMPD say they were assisted by officers at UNCC. The checkpoint took place on Runnymede Lane near Michael Baker Place, close to Myers Park High School. According to a spokesperson, the checkpoint resulted in a total of 48 charges, 21 of which were for driving while intoxicated (DWI). Three of the charges concerned driving with a revoked license, eight were for driving without a license, two were for open container and 14 were for more minor traffic violations such as out of date tags.

As we near the holiday season, drivers in North Carolina should understand that there is usually an increase in the number of people arrested for driving under the influence. Many of these arrests come police checkpoints just like the one in this case where police stop and interrogate drivers who have not actually done anything wrong.

The purpose of police checkpoints like this one is designed to deter drunk driving rather than to specifically arrest drunk drivers. This means that officers do not have to abide by the requirements of the Fourth Amendment which protects individuals from illegal searches and seizures. It also means that officers are legally allowed to stop drivers who have done nothing wrong. Courts have said that because the length of the stop is so brief, the inconvenience to the driver is outweighed by public safety need.

Underage North Carolina Driver Charged With DWI After Registering 0.05 BAC :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: July 25, 2013 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “Do I have to perform the field sobriety tests when I’m pulled over for DWI in NC?”

A woman from Wilmington, NC has ben charged with drunk driving after she hit a child on a scooter earlier this month. The accident happened on the 400 block of Chattooga Place in Wilmington. Police say that an eight-year-old boy was riding in front of his house when the 20-year-old drunk driver approached in her vehicle, colliding with the boy.

Bar Sign Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpg Police say the accident was thankfully not at a high rate of speed, but did cause injuries to the child. Witnesses have revealed that the child was dragged nearly 45 feet before the young driver stopped her car. The child suffered a concussion as well as some cuts and bruises, but is expected to be fine.

According to North Carolina Highway Patrol, the driver blew a 0.08 at the scene of the accident. This was not the official BAC test; that test happened 90 minutes later and resulted in a 0.05 percent reading. Given her age, police say she was charged with DUI and consumption of alcohol by a person under 21.

If you are reading this you might say to yourself, “Wait a minute, I thought the legal limit was 0.08 and the driver’s 0.05 should be below the limit and thus not a crime?” If you were thinking that then you’d only be half right. First off, you are correct that the legal limit for impaired driving in North Carolina is 0.08 percent.

So then how is it right for the driver in this case to be charged with a DUI? Her age opened her up to the criminal charges. North Carolina is one of many states that follow a “zero tolerance” approach to drinking and driving for those under the legal drinking age. That means that any driver under 21 who is found to have any alcohol whatsoever in their system, even 0.01 percent, can still be charged with a DUI.

Oregon Case Successfully Employs Unusual DUI DWI Defense :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: July 23, 2013 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What happens if I am convicted of a DUI or DWI in North Carolina?”

An interesting case in Oregon was recently decided that resulted in one person’s DUI conviction being thrown out and the case remanded for retrial. The defense was an unusual one, but it proved quite effective. In the case, James Newman’s defense attorneys successfully argued that their client was asleep at the time of the incident and thus could not be held legally responsible for his actions.

Comfy Pillow Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer 2.jpg The case began back in 2008 when Newman was arrested in Portland for driving with a blood alcohol level greater than 0.08 percent. Newman was charged with drunk driving and had his case move on to trial where his attorney initially floated the idea that sleepdriving at the time of the arrest was the cause and not his client’s knowing decision to get behind the wheel intoxicated. The lower court judge refused to hear the evidence and convicted Newman of drunk driving. It was only after appealing the case to the Oregon Supreme Court that Newman had a chance to make his case.

Newman’s defense attorney claimed that his client had a lengthy history of sleepwalking and that driving is a similar symptom of his condition. The night of the arrest, Newman knew he would be drinking while out to dinner with friends and purposely chose to walk himself to the restaurant to meet his dinner companions. After dinner, his friends took him home where he says he went to sleep soon thereafter. It was later that night that Newman was spotted driving erratically by Portland police. Newman had his physician willing to testify about his condition and also to explain how a person who is in a sleepwalking or sleepdriving state is incapable of making voluntary decisions given that they are not actually conscious.

Nearly 2,000 North Carolinians Arrested For DWI Over Fourth Of July :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: July 16, 2013 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “Are breath test results always accurate?”

North Carolina Department of Transportation officials announced that nearly 1,800 drivers across the state were arrested over the July Fourth holiday period. DOT officials say the huge number of arrests were the result of an important collaboration between the Governor’s Highway Safety Program and state DOT.

Car Keys Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpg The campaign was an attempt by law enforcement officials to make the Independence Day holiday a safe one for North Carolinians. Though police officers say they always watch for drunk drivers, the push was especially intense over the holiday weekend because the Fourth of July is often the deadliest holiday for motorists each year. According to AAA, 20 of the 36 traffic deaths that occurred last year in North Carolina were linked to alcohol use.

The cooperation between the two organizations, officially known as “Operation Firecracker,” led to 1,737 arrests in the days surrounding the Fourth of July. Though this is certainly an enormous number of arrests, it is actually less than the haul last year. DOT officials said last year law enforcement officers arrested just under 2,000 people on drunk driving charges over the July fourth period.

The huge number of arrests over the period is partially due to the increased enforcement efforts and partially due to the presence of alcohol at many summer holiday gatherings. Grilling and drinking often go hand-in-hand and many find a nice way to cool down during such hot weather is to have a cold alcoholic beverage. While this is perfectly fine, it’s critical that you make plans in advance to find a safe way home, either designating a person to stay sober and drive or calling a cab. Doing so avoids the big headache that follows a DWI arrest in North Carolina.

North Carolina Man Charged With DWI After Crashing Into State Troopers With Child In Back Seat :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: May 30, 2013 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “Is there more than one way for police to convict a DWI?”

Officials in North Carolina say they have arrested a man and charged him with drunk driving after he crashed into four state trooper vehicles with a child in the back seat. The accident happened over the weekend at a NASCAR race and ended with Patrick Willis behind bars.

Police say Willis crashed into four patrol cars that were parked for traffic duty at the NASCAR race. The accident happened a little before 3:30 p.m. when Willis was exiting I-485 to U.S. 29 and failed to slow down at the top of the ramp. Police say he then smashed into a concrete curb at the top of the ramp and struck the vehicles as he crossed U.S. 29.

Baby on board sign Charlotte Criminal Defense DUI DWI Lawyer Attorney.jpg The accident left two troopers injured as they tried to escape the accident. Willis’ nine-year-old child was thankfully not injured in the accident. Police say when they ran to the car after the accident they were able to detect the smell of alcohol on Willis’ breath and asked him to submit to a breathalyzer test. Willis blew a 0.14 percent BAC, well above North Carolina’s legal limit of 0.08.

Police say the accident led to charges of DWI, reckless driving and child abuse. What many people may not understand is that in North Carolina it is seen as an aggravating factor if a drunk driver has a passenger in the car less than 18 years of age. North Carolina General Statutes § 20-179(c)(4) says that any driver that has a person under the age of 18 in the vehicle with them, is automatically looking at a Level 1 punishment. Level 1 punishment carries with it a maximum of 2 years in jail (and a minimum of 30 days), along with a fine of up to $4,000.00. Any person convicted of a Level 1 DWI sentencing in North Carolina is also unable to get a limited driving privilege during the period of their driver’s license revocation for the DWI.