Articles Tagged with breathalyzer refusal

3-4What are the Best Strategies for Defending DWI Charges?

Getting charged with DWI, driving while impaired, can be a daunting experience. You were likely driving along when you were stopped by the police. Suddenly, you find yourself at the side of the road, answering questions and performing some field sobriety tests. The next thing you know, you are in handcuffs, headed to the police station. DWI charges are serious, and if you are found guilty, you could face a number of severe penalties. Depending on the circumstances of your arrest, there may be options for successfully defending DWI charges.

Was the Traffic Stop Legal?

7Can I Get a DWI While Riding a Bicycle in North Carolina?

Riding your bicycle is a great way to get around town. You can ride your bike to get to and from work, to go visit friends, and for pleasure and exercise. When you ride your bike, you may not feel that you have to follow all the same rules that you do when you are behind the wheel of a car. Some people may even use their bicycle instead of a vehicle in an attempt to avoid getting a DWI. Unfortunately, you are still subject to the same traffic laws as when you drive a car. You can still get a DWI while you are riding a bicycle in North Carolina.

What is a Bicycle DWI?

5Can a Criminal Defense Attorney Help Me With DWI Charges?

DWI, or driving while impaired, is a serious charge. You may be pulled over for a traffic infraction and suddenly find yourself performing roadside field sobriety tests. The next thing you know, the police test your BAC and take you to jail. Now you are facing severe penalties if you are convicted. These penalties could cause problems for you for many years to come. You may wonder whether you can defend yourself without having to hire an attorney. Be careful here, as going it alone might put your future in jeopardy. An experienced DWI attorney will help you vigorously defend the charges and assist you in getting the best possible outcome.

DWI Charges are Serious

3BAC Explained

One of the most serious offenses that a driver may be charged with is driving while impaired, DWI. All states have DWI laws in place to restrict driving a motor vehicle while impaired due to the use of drugs or alcohol. In North Carolina, the legal blood alcohol concentration (BAC) limit is 0.08%. The police may arrest a driver when their BAC is 0.08% or higher, or they are suspected of driving while impaired. Some people think there is a magic number of drinks they can consume before they reach impairment, but that is not true.

How the Body Utilizes Alcohol

J. Bradley Smith of Arnold & Smith, PLLC answers the question “What happens if I am convicted of a DUI or DWI in Charlotte North Carolina?”

The Kansas Supreme Court issued a decisive and important ruling late last month concerning the state’s implied consent law. Implied consent laws, for those that may be unclear, say that individuals who operate motor vehicles in the state have given their implied consent to submit to a chemical test to determine intoxication in the event they are pulled over by police. States with implied consent laws also criminalize refusal to submit to such chemical tests, meaning the refusal itself serves as the basis for a criminal prosecution.

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