If you were arrested for DWI and took the breathalyzer test then the police told you what BAC you blew. If you blew a .08 or above you may feel done for. Most of us know if you blow a .08 or above then you can be charged with a DWI. It is true that at trial the State must prove the driver had a BAC of .08 or above, however there is more that must be proven to be found guilty of a DWI. So just because you blew a .08 BAC does not necessarily mean all hope is lost, there still may be other aspects of your case that can be challenged.
One of the most common challenges of a DWI charge is the constitutionality of the traffic stop. In order for police to make a valid traffic stop he or she must have a constitutionally justified reason. In North Carolina police must have at least reasonable suspicion to believe the vehicle has or is committing a crime. If it can be shown in trial the original traffic stop was not valid than any other charges resulting from that stop will be dismissed.
There are other reasons as well that a DWI charge may be dropped despite the reading of the breathalyzer test such as issues with the equipment that used to administer the test or attacking issues with the arrest itself. The State has the burden to prove all the elements of a DWI charge and if any element cannot be proven the charge must be dismissed. Contacting an attorney who knows DWI law in North Carolina will help you get the results you need.
