Category: DWI

The usual way for the State to establish that a person drove while impaired under the per se prong of G.S. 20-138.1 is to introduce the results of a chemical […]

Three bills introduced in the General Assembly this session provide for seizure and forfeiture of motor vehicles involved in certain motor vehicle offenses. House Bill 451 provides for seizure of […]

[Editor’s note: Sorry that there was no post yesterday. I was travelling and didn’t have reliable internet access. We’re back on track today.] The misdemeanor offenses of driving after notification […]

Jeff wrote here about a recent high-profile case in which a defendant, Raymond Cook, was charged with multiple felony offenses after he drove while impaired and crashed into a young […]

I wrote here about the court of appeals’ decision in State v. Davis, __ N.C. App. __, 702 S.E.2d 507 (2010), granting the defendant a new trial on second degree […]

A wise man once said that “[e]xcept for death penalty cases, no sentence requires more documentation” than a sentence imposed for the misdemeanor offense of driving while impaired. Ben F. […]

Normally, field sobriety tests are administered before an arrest is made, as part of an officer’s investigation into a possible DWI. In that case, it’s clear that the officer need […]

Part I of this post left for another day consideration of whether a defendant who does not speak English may be deemed to have willfully refused a chemical analysis when […]

Several earlier posts a (here, here, and here) address the requirement that a person arrested for an implied consent offense be informed of statutory implied consent rights before being asked […]

North Carolina’s implied-consent laws were substantially amended in 2006 to, in the words of the Governor’s task force recommending the change, “prevent dismissals under Knoll.” In State v. Knoll, 422 […]