Asked in DUI / DWI for North Carolina

Q: How can I get a ticket for driving after consuming when I was pulled over and blew a .000 and was not arrested

No blood work was taken all that he did was write me a ticket and let me go and said that it "looked" like i had been consuming

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1 Lawyer Answer
Timothy Dugan
Timothy Dugan
  • Eden, NC
  • Licensed in North Carolina

A: It depends on the actual charge. The Impaired Driving statute in North Carolina has three different approaches for a law enforcement officer to charge you. One method requires a BAC or blood alcohol concentration of .08; and another requires proof of any schedule 1 substance via a blood test. The third method, however, requires only "appreciable impairment." Appreciable impairment is usually proven by a the police officer's observations, such as the results of any field sobriety tests.

A DWI can have a substantial impact on ones future. I highly recommend speaking with a criminal defense attorney, as they can provide a much fuller answer based on your exact situation.

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