A police officer from Hendersonville, has resinged as a police officer after blowing a 0.08 and subsequently charged with a DWI.
According to the reports, the incident occured in early Feburary, where the officer was both a state trooper and Marine Reservist.
He had served his active duty in the Marines in Iraq, and for several years thereafter, he spearheaded the “Marines Toys for Tots”program during this past Christams season in Buncombe County. He was a prominent figure in many other numerous charitable organizations, and known as a family man.
The 36-year-old was apparently on duty at the time of his arrest, which was around 8:00 a.m. Upon that arrest, the state trooper put up zero fight, and simply asked to resing.
The published reports indicate that the officer was charged after meeting one of his fellow Highway Patrol officers in a parking lot. He was subsequently given a Breathalyzer test, and based on the results the machine yielded, the officer was right at the legal limit at a 0.08.
In the state of North Carolina, a person will be charged with a DWI, just like the aforementioned officer, when their blood alcohol content is anything at a 0.08 or higher. In the event you do blow the legal limit or above, the best thing to do is hire an attorney who knows the DWI laws and with whome you have confidence in.
In North Carolina, once you obtain a driver’s license, you have impliedly consented to having your breath or blood accessed in the event you are pulled over, and the police officer has reasonable suspicion that you are infact intoxicated.
So, what this really means is that if you have a valid license, and you are pulled over by a police officer, you do have the right to refuse the breathalyzer, however that refusal can be submitted into evidence as an intoxication indicator. If you refuse to participate, then your license can be suspended for 12 months.
Thus, either way it can turn out to be a “lose lose situation,” and having an attorney present can help eliminate some of the stress of the unknown.
