Driving while impaired is a serious crime in all fifty states. You
may be familiar with the acronym DWI or DUI (in North Carolina it is
known as DWI) and the penalties that come with those charges. Getting
slapped with a DWI charge is frightening. You will have to pay a hefty
fine, it will show up on your records, your driver’s license may be
suspended.Overall it will certainly affect your life. Sometimes,
however, alcohol-related offenses in vehicles don’t always lead to a DWI
charge. A criminal lawyer can help you get out of a sticky situation.
DWI Charge
What
constitutes a DWI? Normally, the police want to confirm a few things
before citing you for DWI charge, such as (1) you drove a vehicle, (2)
you were under the influence while driving, and (3) alcohol was present
in your blood at a concentration (BAC) of 0.08 percent or greater. If an
individual injured or caused the death of someone while driving under
the influence, he could even be charged with a Felony DWI, which may
result in much stiffer penalties.
Open Container
In
some limited cases, when a container with alcohol is found within the
vehicle, the driver can avoid a DWI charge. To do this, the driver must
pass the alcohol test and disprove any connection between the alcohol
found in the car and his state. At best, the officer doing the
investigation will charge you with an open-container violation, which is
a much less-serious crime.
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