People get arrested every day in North Carolina for driving while impaired (DWI) offenses. In some of those cases, the state has chemical evidence showing that the driver was over the legal limit. Other times, a crash or poor driving might be the reason that police officers decide to arrest a motorist.
Generally speaking, anyone who is over the legal limit for their blood alcohol concentration (BAC) is at risk of DWI charges. For most adults, that limit is 0.08%. It takes multiple drinks in a short amount of time to reach that high of a BAC. However, police officers may sometimes arrest people even after test results show that they are not over that limit. Can the state prosecute someone for a DWI if a chemical test did not show that they were over the limit?
Yes, DWI prosecution is still possible
Chemical test results on their own can be justification for DWI prosecution. Even drivers who seem totally sober can be at risk of charges if they fail a breath test. However, a failed breath test is not always necessary for a successful DWI case. The state can bring charges even in cases where people refuse chemical tests.
State law also allows prosecutors to bring charges against commercial drivers who have a BAC above 0.04% and standard drivers with a BAC above 0.08%. The courts can consider secondary evidence in addition to the chemical test results when evaluating whether the defendant drove in an impaired state.
Factors including performance on field sobriety tests and involvement in a crash could contribute to the state’s case. Video footage secured by a police cruiser’s dashboard camera could affirm allegations that the driver displayed impaired ability while on the road.
Every person has different tolerance levels for alcohol based on factors ranging from their sex and weight to their medical condition. Simply achieving a test result under the legal limit is not necessarily enough to avoid DWI charges.
Thankfully, a test under the limit gives a driver many opportunities to fight DWI charges. Reviewing the situation that led to an arrest can help a driver determine how to respond to drunk driving allegations. The right strategy can help a motorist avoid jail time, fines and a driver’s license suspension.