What Does The State of North Carolina Have to Prove to Win a DUI?
Like any other crime, the State of North Carolina must prove all DWI elements of the charge in order to win a conviction. And, each element has to be proven “beyond a reasonable doubt” before a judge (in District Court) or a jury (in Superior Court). In a NC DWI case, the prosecution must show:
1.) You were driving or operating a vehicle;
2.) While on a street, highway, or public vehicle area in the county where arrested (jurisdiction);
3.) While under the influence of an impairing substance, or you had a BAC of .08% or greater while driving (presumptive limit).
From a defense standpoint, the more elements the State has to prove a DWI provides more opportunity to challenge and/or cast reasonable doubt. If the evidence fails to prove even one element beyond a reasonable doubt, you should be acquitted by either a judge (on motion) or a jury (if there is a factual dispute about any element in the case). The State has the highest burden of proof for every element as it should be. After all, it is the State of North Carolina and all of its resources against an individual citizen. Always remember that just because you have been charged with DWI does not mean you will be convicted. It’s a long journey to conviction with lots of potential opportunities to find error.
If you have been charged with a DWI here in Charlotte, you need to contact an attorney who has the experience and knowledge necessary to handle your case with the care it deserves. We defend DWIs and DUIs in Charlotte, Mecklenburg County, Pineville, Cornelius, Huntersville, Lake Norman, Pineville, Matthews, Mint Hill, and UNCC. For a private, confidential consultation with one of our experienced DWI lawyers, you can call 704-499-9000 or toll-free 877-374-5999 even on weekends or holidays.