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5 Myths of DWI Arrests

Although public awareness campaigns have worked to establish a culture of fear and monitoring around DWI arrests, these campaigns fail to communicate some essential facts about DWI law. For instance, many people may recognize that the legal limit of intoxication is 0.08 BAC, but they may not understand how difficult it can be to accurately measure a person’s BAC.

If you have been arrested on DWI charges, one of the most important things you can do is prepare yourself for the next steps through the legal system. To learn more about your options as a defendant, contact Raleigh DWI defense lawyer Jim Black today at 919-600-4609.

#1: Breathalyzers Are Never Wrong

Breathalyzers can easily misread a person’s level of intoxication. While accurate enough for widespread use by police, these readings can often by contested if particular circumstances are present at the time of arrest.

#2: Breathalyzer Tests Are Mandatory

In North Carolina, you can refuse to blow into a breathalyzer. While you will generally lose your license for a year even if you are not convicted of a DWI charge because of implied consent laws, you are not legally forced to submit to a breathalyzer.

#3: To Be Arrested Your BAC Must Reach 0.08

In North Carolina, you can be arrested for an impaired driving charge that is based off of field sobriety tests and the behavioral evidence given by a police officer, not chemical test results. Also, repeat offenders may be given a lower BAC limit, such as 0.04 for second-time offenders.

#4: You Cannot Be Arrested if You Are Not Driving

In fact, due to the legal principle of physical control, you may even be sleeping in your vehicle, and still be arrested for DWI. If police can prove that you were in your vehicle and could have operated your vehicle while intoxicated, you may be arrested.

#5: DWI Arrests Can Easily Be Expunged

The state of North Carolina is very strict with their intoxicated driving laws, and DWI expungement is no exception. If you have been arrested for DWI, the legal work to expunge this arrest can prove both intensive and complicated. However, an experienced lawyer may be able to help.

Contact Us

If you need legal representation after a DWI arrest, we can provide you with the vigorous legal defense to which you are entitled. For more information regarding your options if you have been arrested for DWI, contact Raleigh DWI lawyer Jim Black by calling 919-600-4609 today.



"Jim, I just wanted to thank you again for everything you did for me. I am very happy about the outcome and would recommend you to anyone and everyone who has a DUI case. Two things that stuck out the most is your patience and honesty, you wanted the best for me and that was obvious."

The Law Office of Jim Black

5 West Hargett Street #310
Raleigh, NC 27601

Phone: (919) 600-4609
Fax: (919) 834-4891


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