You are innocent until proven guilty, which means the burden is on the State of North Carolina to prove every element of a crime.
A person is guilty of Driving While Impaired (DWI) if they:
(2) A vehicle
(3) On a street, highway, or public vehicular area
a. while under the influence of an impairing substance,
b. after consuming a sufficient quantity of alcohol that the person has an alcohol concentration of 0.08 or more at any relevant time after driving OR
c. with any amount of a Schedule I controlled substance or its metabolites in his or her blood or urine
It is not enough for the State to simply prove that you were impaired. They must also prove that you were driving while you were impaired. The driving element can be tricky to prove if you were involved in a single car accident. Often, by the time the officers respond to a single car accident the driver is already out of the car and sometimes there are no witnesses of the driving.
If you were involved in an accident, or were charged with DWI at a time after you left your vehicle, the attorneys at The Law Offices of Wiley Nickel, PLLC can help. We will fight for you and will force the State to prove every element, or dismiss your case. If you would like a free consultation, call attorney Kristi Haddock or attorney Wiley Nickel at 919-585-1486.