asheville dwi lawyer - low blow
I BLEW A .07 OR LESS, HOW CAN THEY CHARGE ME WITH DWI WHEN .08 IS THE LIMIT?
- I've seen DWI charges pressed at a blood alcohol level of .02, and the state of NC will proceed on those charges! The question now becomes, were you appreciably impaired? Make no mistake, you are still in a fight with charges such as these! You'll need a skilled DWI Lawyer in these cases.
- .07 or lower DWI charges are the ones we DWI Attorneys really scrutinize as attorneys because they offer a better chance of winning at trial (pleading not guilty).
- The fight won't stop here, you'll still have to have a showing that you weren't appreciably impaired, despite your low blow. Also, sometimes the state will put on expert evidence to show that you were impaired at the commission of the offense, but that your blood alcohol level dissipated prior to the breathalyzer result. These cases are called "retrograde", and just another way the state can keep the battle going up hill for you and your DWI Lawyer.
*If your Lawyer finds problems with the traffic stop, the arrest or other issues, then a trial to challenge the DWI charges may be appropriate. People have asked me what a trial for a DWI is. In NC the DWI trial will take place in District Court. There is no jury, there is only a judge. In these trials, your lawyer will question the officer(s) involved and challenge any evidence the prosecutor offers in an attempt to get a not guilty verdict. If you are unsuccessful at this trial court level, the next step is to appeal to the Superior Court in the County where the charges were filed. In Superior Court, you are afforded your right to a trial by jury. Often times, DWI cases lost in District Court are won in front of a jury in Superior Court. Often times the decision to appeal is made based on a number of factors that you and your attorney will weigh.