State v. Woolard: DWI, Probable Cause, and Motions Procedures
Because the State’s ability to prove impairment in prosecutions for driving while impaired often turns on whether the officer had probable cause to arrest — and thereafter test — the […]
July 13, 2023
State v. Burris and Blood Draws from Unconscious DWI Suspects
Four years after a plurality of the United States Supreme Court in Mitchell v. Wisconsin, 588 U.S. ___, 139 S. Ct. 2525 (2019), announced a State-favorable exigency rule for withdrawing […]
April 27, 2023
How Does the Confrontation Clause Impact the Introduction of a Defendant’s Medical Records in a DWI Trial?
Two weeks ago, I wrote about the foundational requirements for introducing a defendant’s medical records in a DWI trial. Soon after I posted, a reader asked whether introducing those records […]
April 14, 2023
Introducing a Defendant’s Medical Records in a DWI Trial
I have previously written about how the State may obtain the medical records of a person suspected of or charged with impaired driving. This post focuses on the requirements for […]
October 5, 2022
Alcohol Concentration Restrictions on Restored Licenses and the Enforcement of Violations
When a person is convicted of driving while impaired under G.S. 20-138.1, the person’s license is revoked for one year. G.S. 20-17(a)(2); G.S. 20-19(c1). (A person who has one or […]
August 11, 2022
State v. Rouse and Circumstantial Evidence of Driving
To prove impaired driving, the State must establish that the defendant drove a vehicle while impaired. A person drives when he or she is “actual physical control of a vehicle […]
July 28, 2022
2021 Statistical Report for Driving While Impaired Convictions Now Available
Last week, Jamie blogged about the 2021 Structured Sentencing Statistical Report from the North Carolina Sentencing and Policy Advisory Commission. As Jamie noted, that report contains detailed information related to […]
June 15, 2022
Enforcing Ignition Interlock Requirements
I wrote last week about changes to North Carolina’s ignition interlock statutes that were effective June 1, 2022. As I noted in that post, one of those changes was to […]
July 1, 2021
Applying the Statute of Limitations to Failure to Appear for an Implied Consent Offense
Nearly 15 years ago, the General Assembly created the misdemeanor offense of failing to appear for two years for an implied consent offense. See S.L. 2006-253 (enacting new G.S. 20-28(a3), […]
May 19, 2020
DWI Update: May 2020 Edition
My colleagues and I usually spend the waning weeks of May slogging through months of appellate opinions, determining which cases merit discussion at upcoming summer conferences. This year, of course, […]
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