Compel has a.08 BAC found guilty in a DWI in NC?

North Carolina DWI statute - NKG 20 to 138.1 - the state offers three ways conviction of a person with impaired driving in North Carolina. The state may be the person convicted on a show that the person has a.08 or above blood alcohol concentration in a relevant time after driving, that the person was evident when driving has been reduced, or a chemical analysis of individual metabolites in the blood showed a Schedule I substance.

The questionNorth Carolina for the courts (and juries) was above or if a.08 BAC requires if convicted. In other words, if the state has no other evidence of impaired driving except the.08 or read about it, a jury is required to (assuming that the other elements of DWI offenses are detected) the person is guilty of a DWI by find.

In a recent case - State v. Simmons (COA No. 09-862, filed July 20, 2010) - The North Carolina Court of Appeals ruled that a blood-alcohol alone is notrequire a guilty verdict. The jury may order on the basis of a.08 BAC or higher, but is not obligated to do so. In this case, the prosecutor had argued in his closing that the jury because the State had proved that the defendant A.11 the breathalyser machine was needed to convince the jury.

But the appeals court wrote:

Therefore, even if the results of chemical analysis, in this case was sufficient evidence from which the jury found that theDefendant had an alcohol concentration of 0.11 and, therefore, could have sentenced in January accused of DWI in NC Stat § 20-138.1 (a) (2), the results do not compel the jury to do.

What does this mean to the average sentence for DWI? It means that if all of the state, the number alone offers, his attorney argued that the judge or jury is not required to sentence on that basis alone. Your lawyer can support other facts, including how long the test was done after they have been arrested, theThat you can be driving off without enough evidence of breakage or other basis, or the fact that the standardized field sobriety tests properly.

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