Drivers in North Carolina may face driving while impaired (DWI) charges due to an elevated blood alcohol concentration (BAC), demonstrable impairment at the wheel or a failed drug test. The laws that govern DWI offenses and the penalties imposed by the courts shift based on statistics related to offenses and developments in technology.
Anyone facing a DWI charge in North Carolina likely needs to be aware of how state statutes and enforcement efforts have shifted in recent years as they begin developing a defense strategy for fighting their pending charges.
Changing interlock requirements
Ignition interlock devices (IIDs) require that drivers test themselves for alcohol before starting their vehicles and while driving for extended periods. Lawmakers have modernized IID rules and expanded access to limited driving privileges after DWI convictions.
Those accused of having an especially high BAC of 0.15% or greater and those who refuse breath tests are likely to face an IID requirement. Exactly what rules apply and whether a driver is eligible for limited driving privileges depends on the date of the offense and the severity of the alleged violation.
The Second Chance Act rollout
Expunctions or record sealing requests often require a court petition, but state lawmakers adopted rules allowing for automatic expunction for those with dismissed cases or not-guilty verdicts. While DWI convictions do not qualify for expunction, those with dismissed cases can potentially remove the record of their arrest and unsuccessful charges to allow them to pass a background check.
Expanded use of e-warrants
Electronic blood draw warrants or e-warrants have become relatively common and easy for officers to secure. If a driver refuses a breath test following a DWI arrest, officers can complete a relatively fast e-warrant request to conduct a lawful blood draw before too much time passes. Even if the state secures chemical evidence, violations of the implied consent law still carry a driver’s license suspension.
Challenges in drug-impaired driving cases
Due to the federal legality of hemp and CBD products and the lack of a per se limit for the active ingredients in such products, local police departments and law enforcement agencies rely on evaluations by drug recognition experts (DREs) and toxicology reports from blood draws. Odor-related probable cause searches continue to make their way through the courts and have yet to drastically alter current law enforcement practices.
Holdover policies from the COVID era continue to affect court operations in some jurisdictions. Some counties still allow for virtual appearances for certain hearings, but DWI defendants generally need to appear in person. Significant backlogs may increase laboratory testing timelines and can influence how rapidly a case goes to trial.
North Carolina DWI defendants need the support of professionals who understand these changes to statutes and investigative procedures. Consulting with a dedicated attorney as soon as possible after a DWI arrest can help people understand their charges and possible defense strategies in informed ways.