So how the State win DWI cases? Because a good defense starts with a good offense, here we explain DUI prosecution strategy first.
DUI Prosecution Strategy and Defenses
In order to win, the State has to prove four elements. First, driving a vehicle on a street, highway, or public vehicular area. And lastly, of course, impairment. G.S. 20-138.1(a).Furthermore, the State can prove impairment in any one of three ways. While under the influence of an impairing substance. Having at any relevant time after driving an alcohol concentration of 0.08 or more. Or with any amount of a Schedule I controlled substance in blood or urine. In addition, the State is not required to allege its theory of impairment. Rather, a pleading is sufficient if it states the time and place of the offense. G.S. 20-138.1(c). Consequently, the State gives itself several ways to win their case against you. Now for the defenses.
Breath Testing Challenges
Because of the 0.08 “legal limit,” jurors can convict on a number alone. However, breath testing is hardly “science” and can be challenged. For example, if it is a low BAC (0.08-0.10), we focus on the inherent problems with breath testing machines. After all, every machine has a margin of error. Based on protocol, the breath test machine used in North Carolina is 37.5%. On the other hand, in cases where the BAC is high, we look at video evidence. Either they appear drunk or impaired, or not. Rather, video separates the truth from fiction.
Appreciably Impaired
While most DWI cases have a BAC, some do not. Either someone refuses breath testing or the machine does not record a sample. So in those cases, the State’s DUI prosecution strategy requires they show appreciable impairment. As a result, we usually hear about a strong odor of alcohol, red eyes, slurred speech, and roadside sobriety tests. Consequently, we focus on odor of alcohol does not prove impairment. In addition, everyone has red eyes late at night, and tired looks the same as impairment. Finally, no one does well on roadside tests the first time taking them. Therefore, the best evidence is how someone appears when getting out of the car and standing during HGN. In the end, juries rely on what they see and hear for themselves.
Because every case is different, every little fact can make a difference. As a result, we look at everything and try to find those facts that help your case. After we know the State’s DUI prosecution strategy, we develop an individual defense plan for you. And once we go over options and answer your questions, then you decide what is best for you. After all, we are your lawyers and work for you. So call now and let’s start your defense.
