Can A Greensboro DWI Lawyer Explain The Elements of a DUI?

In Uncategorized by Greensboro Attorney

Can a Greensboro DWI lawyer explain the elements of a DUI? Of course!

The State of North Carolina, after being charged with a DWI, will prosecute you based on the elements of a crime.  In the case of a DWI (driving while impaired), which is the same as a DUI (the terms are used interchangeably), there are three elements the State must prove:  1) Driving; 2) While on a Public Street or Highway; 3) While impaired.

There are many nuances to these elements.

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  “Driving” is a term of art, meaning it does not mean that the State has to prove actual driving, i.e., moving around and guiding the car, but rather driving means operation or control of the vehicle.  A passenger who reaches over to start the car in order to cut on the heat is in “control” of the vehicle.  A person does not have to be driving at the time of contact with law enforcement, in fact many cases are won by evidence showing that the person has driving in the recent past.  A Greensboro DWI attorney can explain different facts that the court of appeals has upheld as “driving” and how it may apply to your case.

Likewise, a Greensboro DUI lawyer will explain that a public street or highway also includes any are open to public vehicular traffic.  Therefore, a housing neighborhood, apartment complex, gas station, even your yard that you may invite someone to park on during a gathering of your friends can all be included within this definition of public vehicular area.

The final element is one Greensboro DWI lawyers attack the most.  A skilled Greensboro DWI attorney will explain to you the many different ways the State can prove impairment, whether through a blood or breath test showing a .08 percent alcohol, or by giving tests and making observations.

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  Often, law enforcement will often bring in special agents called DREs to test for different controlled substances.

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If you have been charged with a DW or DUI, contact the top rated Greensboro DWI lawyer today at Garrett Walker Aycoth and Olson!