DUI/DWI

Can I Be Charged With DUI if My BAC is Below the Legal Limit?

Published on: January 7, 2026 | On behalf of Arnold & Smith, PLLC

Can I Be Charged With DUI if My BAC is Below the Legal Limit?

One minute you are driving along as usual, and the next you are being pulled over by law enforcement for a traffic violation. Suddenly, it seems as if you are being accused of DWI, driving while impaired. In an instant, you are trying to defend yourself, while you could face some serious penalties if you are found guilty. It is helpful to understand the laws regarding DUI and how to defend yourself if you are charged with DUI in North Carolina.

What is Driving While Impaired?

Can I Refuse Field Sobriety Tests?

Published on: December 31, 2025 | On behalf of Arnold & Smith, PLLC

Can I Refuse Field Sobriety Tests?

Driving while impaired (DWI) occurs when a person gets behind the wheel after having consumed alcohol or drugs that impair them. DWI is a serious offense and one that comes with significant penalties if convicted. DWI charges may come after a driver has been found to be under the influence of drugs or alcohol. In order to charge a driver, the police must first determine that a driver is impaired. This is often done using field sobriety tests.

What are Field Sobriety Tests?

Why Does the Risk of DWI Increase Around the Holidays?

Published on: December 3, 2025 | On behalf of Arnold & Smith, PLLC

Why Does the Risk of DWI Increase Around the Holidays?

The holidays are wonderful times of fun gatherings with friends, family get-togethers, and office parties. The season gives us plenty of opportunities to celebrate, but along with the festivities comes an increased risk of getting charged with DWI (driving while impaired). DWI charges have severe penalties, so if you are facing DWI charges, you will want to present a vigorous defense. Many people wonder why the risk of getting a DWI increases around the holidays.

More Parties and Gatherings

Consequences of DUI Refusal in North Carolina

Published on: November 5, 2025 | On behalf of Arnold & Smith, PLLC

Consequences of DUI Refusal in North Carolina

Police officers are focused on public and road safety and are required to enforce the law. If you are pulled over for a traffic violation, the police may want to determine whether you are impaired. The legal limit in North Carolina is 0.08% BAC. Blood alcohol content (BAC) is a measurement of the concentration of alcohol in your system. The police may have you perform some standardized field sobriety tests (SFSTs), and they may also ask you to take a preliminary breath test to help determine whether you are impaired. They may then transport you to the police station, where they conduct an evidentiary DUI test.

Understanding Implied Consent

North Carolina Could Lower the Legal Blood Alcohol Limit For Drivers

Published on: July 9, 2025 | On behalf of Arnold & Smith, PLLC

North Carolina Could Lower the Legal Blood Alcohol Limit For Drivers

Driving while impaired is a criminal offense. If you are found guilty of DWI, you could face a number of penalties such as fines, jail time, probation, community service, and more. You will also lose your driving privileges for a period of time. Currently, the legal limit for impairment is 0.08% BAC. While that is the law in most states, some states are considering lowering the BAC level for impaired driving. North Carolina legislators are considering a bill that would make the legal limit 0.05% BAC.

https://youtu.be/6Bw93Q_XE-o

Can I Get a DUI if I am Asleep in My Car?

Published on: May 14, 2025 | On behalf of Arnold & Smith, PLLC

Can I Get a DUI if I am Asleep in My Car?

Drinking and driving do not mix, and if you are driving after having had a few drinks, you could get pulled over for DUI. Instead of risking a DUI, some people wonder whether it is best to just take a short nap until they are safe to drive home. Rather than getting into your car, you may want to take a rideshare or call a friend. If you decide to sleep in your car, could you get a DUI?

https://youtu.be/mTsE0-ioxJQ

What to Know About Preliminary Breath Tests in North Carolina

Published on: March 19, 2025 | On behalf of Arnold & Smith, PLLC

What to Know About Preliminary Breath Tests in North Carolina

DUI, driving under the influence of drugs or alcohol, is a charge that is taken very seriously in North Carolina and elsewhere. When police suspect that a driver is intoxicated, they may want to perform tests to determine impairment. One of the most common tests is a breathalyzer or breath test. It is helpful to understand the breath test and the laws regarding DUI in North Carolina. Breath test results may lead to an arrest for DUI. There may be some options for defending these charges with help from an experienced Charlotte criminal defense attorney.

https://youtu.be/3NPuPRX89b8

What are the Penalties for DWI in North Carolina?

Published on: February 26, 2025 | On behalf of Arnold & Smith, PLLC

What are the Penalties for DWI in North Carolina?

Driving while intoxicated, DWI, can result in criminal charges. In North Carolina, the legal blood alcohol content (BAC) for adults aged 21 and over is 0.08%. There is zero tolerance for alcohol consumption for those under the age of 21. If you are a commercial driver, you cannot have a BAC of 0.04% or higher. If you have been charged with DWI, you will want to understand the potential penalties if you are convicted. A qualified criminal defense attorney will vigorously defend the charges and help you get the best possible results in your case.

https://youtu.be/5diy7Z-hXhU

North Carolina Booze it and Lose it Campaign

Published on: November 6, 2024 | On behalf of Arnold & Smith, PLLC

North Carolina Booze it and Lose it Campaign

Drinking and driving is the cause of many accidents with injuries and fatalities. North Carolina has put a statewide “Booze It and Lose It” campaign in place to combat potential drunk driving. The campaign is in place this year, and extra efforts are being put in place for holiday periods. The program puts more law enforcement in place during times of possible increased drinking and driving. As a result of increased police efforts, there may be an increase in drivers who have been charged with DUI. An experienced criminal defense attorney will assist you in defending DUI charges in North Carolina.

Booze it and Lose it

How Many Drinks are Too Many to Drive?

Published on: September 18, 2024 | On behalf of Arnold & Smith, PLLC

How Many Drinks are Too Many to Drive?

Driving while impaired (DWI) is a serious offense. A driver who is convicted of DWI in North Carolina could face penalties that include suspension of driver’s license, jail time, fines, probation, community service, and a requirement to attend alcohol abuse education or rehabilitation. Most people can tolerate a single alcoholic beverage without noticeable impairment, but how many drinks are too many to drive? The answer isn’t simple. There are many factors that determine impairment.

https://youtu.be/lMcGLBliR40?si=g1dXT4uXngZ6kGLS