The law surrounding DWI cases is complex and technical. An experienced DWI defense attorney must evaluate whether the police acted in accordance with rights guaranteed by the Constitution, whether police followed standards and procedures spelled out in the North Carolina General Statutes, and finally, how recent case law decisions interpret Constitutional and Statutory rights and procedures. In terms of evaluating possible defenses, there are four main areas to consider:
- Was there a valid stop and/or checkpoint;
- Did the police have “probable cause” to make an arrest;
- If there was a breath test, was it done correctly and were the proper procedures followed; and finally,
- Was the arrest and post-arrest release process done correctly?