Friday, August 28, 2015

Can You Be Charged with DWI when Alcohol is found in the Car?

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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