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Evidence in a DWI Case

Result Driven Representation from Our Raleigh DWI Lawyer

If you are arrested and charged with DWI in North Carolina, the prosecution—also referred to as the State—will rely on evidence to establish its case against you. In turn, your defense attorney will argue against this evidence and may even present his or her own evidence that seeks to establish your innocence and counter the prosecution’s assertions.

Generally, the prosecution relies on the same key pieces of evidence in a DWI trial:

  • The result of a chemical blood alcohol content (BAC) test, whether breath or blood
  • The testimony of the arresting officer

Countering BAC Test Results

There are several ways to defend against a breathalyzer or blood test result. For example, in order for a chemical BAC test result to be admitted in court, the State must demonstrate that the test was administered in accordance with all mandated procedures and guidelines. This includes:

  • Proper chain-of-custody of test sample (blood tests)
  • Compliance with 15-minute observation period prior to testing (breath tests)
  • Up-to-date calibration and maintenance records of testing apparatus (breath and blood tests)

Countering the Officer’s Testimony

One of the best ways to discredit the State’s case is to cross-examine the arresting officer and question his or her testimony. In order for the arrest to be lawful, the officer must satisfy several layers of proof:

  • Before initiating a traffic stop of your vehicle, the officer must have a legitimate reason—legally, this is referred to as reasonable suspicion
  • Before initiating a roadside DWI investigation, the officer must again establish reasonable suspicion that you are impaired by alcohol or drugs
  • Before placing you under arrest for suspicion of DWI, the officer must establish probable cause, which is a higher burden of proof than reasonable suspicion

Evidence for the Defense

In certain cases, your Raleigh defense attorney may choose to present evidence on your behalf. Typical defense evidence in DWI cases can include testimony either by an expert witness or eyewitness.

Schedule your free consultation with Floyd Law Offices when you call (919) 805-3663.

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