Follow John Linkedin Twitter Facebook
Email John Email
Legal Issues
Dec 7, 2016

FAQs to Avoid DWIs During the Holidays: Part 2

Sponsored Content provided by John Martin - Professional Liability and Medical Malpractice Defense Attorney, CSH Law

In this second part of a three-part series, criminal defense attorney Patrick Mincey weighs in as a guest columnist and offers his insight into handling drinking and driving during the holidays. 

1. Do I have to submit to a breath test?

There are two types of breath tests in DWI investigations: a handheld device often used by officers during the roadside investigation; and a calibrated machine called the Intoxymeter. 
You do not have to submit and blow into the handheld device on the side of the road. If you willfully refuse the Intoxymeter, law enforcement can also take you to the hospital to compel a blood draw, which will be submitted for chemical analysis. 

If you willfully refuse to blow into the Intoxymeter after you have been arrested, your North Carolina driving privilege will be civilly revoked for one year, even if you are not guilty of DWI. 

2. What is the legal limit to be charged with a DWI?

The legal limit for alcohol in North Carolina is having a blood-alcohol content of .08 at any relevant time after driving. Of course, you may also be charged with DWI if you have other impairing substances in your system, such as opiates, which do not affect blood-alcohol content. 

3. If I am under 21 years old and test below the legal limit, can I be charged with DWI?

If your blood-alcohol content is over the legal limit of .08, or if you are suspected of DWI because of another impairing substance, you can still be charged and convicted of DWI. 

If you are under 21 and have alcohol in your system - even if you are below a .08 - you can still be charged and convicted of the separate offense of driving after consuming.

4. Can an officer search my clothing or pat me down after I have been pulled over?

Yes. An officer can conduct a limited search that allows the officer to pat you down even prior to an arrest.

5. What if the officer asks to search my vehicle during the stop?

You have no obligation to consent to a search of your vehicle. If an officer asks for permission to search, you do not have to give it.

You should discuss the particular aspects of your case with an attorney.  In the last part of this series, Patrick will offer guidance for what happens after you are charged with a DWI.

John D. Martin is a trial lawyer and the managing partner of the Cranfill Sumner & Hartzog LLP’s Wilmington, North Carolina office. Martin concentrates his practice in the medical malpractice and professional liability defense practice groups. He has tried numerous medical malpractice and personal injury cases throughout eastern North Carolina. Many of his cases involve brain injury, birth trauma, paraplegia and wrongful death. Additionally, Martin has experience with large construction litigation, premises liability and hospital/workplace security. To contact Martin, call (910) 777-6018 or email him at [email protected]  
 
 

Wbj insights revised 0510 6291692911
Ico insights

INSIGHTS

SPONSORS' CONTENT
Jeremytomlinson enfuse headshot

37% of Orgs Said They Were the Victim of Ransomware In 2021

Jeremy Tomlinson - Enfuse Technology Solutions
Headshotrosaliecalarco 1182131047

Beware of Rental Car and Medicare Scams

Web awstaffpic2020 1 132245438

The Luncheon for Literacy: More than a Meal

Alesha Edison Westbrook - Cape Fear Literacy Council

Trending News

Inaugural Avelo Flight Touches Down At ILM

Johanna F. Still - Jun 30, 2022

New Hanover Community Endowment Names Advisory Council

Neil Cotiaux - Jun 30, 2022

Stepping Up Burgaw's Parks And Rec

Beth A. Klahre - Jul 1, 2022

Commercial Rises In Surf City

Cece Nunn - Jul 1, 2022

Studio Apartments Near Hospital Trade For $3.6M

Cece Nunn - Jul 1, 2022

In The Current Issue

Propagating Growth In Pender

The past couple of years, with early pandemic-related travel restrictions and rise in remote working, has brought a renewed interest in gard...


Canapi Ventures Enables 2-year-old Startup Able

An investment by Canapi Ventures is increasing the capacity of a tech startup to serve commercial lenders. Canapi led the recent Series A ca...


Dosher Expands Robotic-arm Assisted Surgery

Dosher Memorial Hospital recently added Stryker’s Mako Robotic-Arm Assisted Total Hip replacement procedures....

Book On Business

The 2022 WilmingtonBiz: Book on Business is an annual publication showcasing the Wilmington region as a center of business.

Order Your Copy Today!


Galleries

Videos

Trying to Grow a Business?
2020 Health Care Heroes
2020 WilmingtonBiz 100