In North Carolina, drivers who choose to drive while intoxicated will be convicted according to their blood-alcohol content reading. These readings differentiate between a standard DUI and aggravated DUI charges. However, in some cases, the case is dismissed due to a variety of defenses. The following are details about DUI defenses in North Carolina.
Inaccurate Blood-Alcohol Content Reading
The defendant has the legal right to request an additional blood sample when they are arrested for DUI. Their attorney can take the second sample and send it to their preferred lab for chemical testing. If these blood tests do not present the same findings, the attorney can move to have the case dismissed based on inaccurate blood-alcohol content readings.
Faulty Breathalyzer Equipment
According to federal laws, all breathalyzer equipment must be maintained according to standards. This indicates that the law enforcement agency must test the equipment at regular intervals. Any repairs are reported in the maintenance log. The court has the right to review these logs to determine if the agency has followed the necessary maintenance plan. If officers utilize faulty equipment to measure blood-alcohol content readings, the case is dismissed based on these failures.
Mistake of Fact
A mistake of fact is present if the officer made a mistake during the arrest. They must assess all drivers according to a risk to the public. The driver must commit a traffic violation or appear to be intoxicated. This gives the officers probable cause to stop the driver. If the defendant wasn’t intoxicated, the case is dismissed due to a mistake of fact.
The Necessity to Drive
Drivers who have been drinking could get their case dismissed based on the necessity to drive. The most common reason for necessity is the fear of bodily harm. If the driver was being chased by a possible attacker, the officers may not be able to charge them with a DUI.
In North Carolina, drivers need a viable defense for a DUI charge. These defenses are based on the circumstances of the arrest. They may include necessity, a mistake of fact, or critical errors based on faulty equipment. Defendants who faced these charges visit fanneylaw.com for legal assistance today.