Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”
NTSB Proposes Blood Alcohol Measurement Devices in All New Vehicles
Driving while impaired is both dangerous and illegal. Impaired or drunk driving results in many accidents, injuries, and fatalities every year. North Carolina has a legal driving limit for adults age 21 and older of 0.08% blood alcohol concentration, BAC. If you are charged with a DWI, you could face serious consequences if found guilty. Some of the consequences of a guilty finding could include fines, community service, and other penalties such as time behind bars. If you are charged with a DWI, you will want to fight the charges with help from a qualified criminal defense attorney.
The National Transportation Safety Board (NTSB) recently recommended that all new vehicles be equipped with a breath alcohol detection device. The request came as part of a report that detailed a deadly crash that was caused by a drunk driver. According to the NTSB, drunk driving incidents are at crisis levels, with about 43,000 deaths just last year. Equipping vehicles with breath testing devices would greatly reduce the number of accidents and deaths related to drunk driving in the country. Breath monitoring is not a new concept. The NTSB has been promoting the idea for more than 10 years.
What are Breathalyzer Tests?
There are several ways to test blood alcohol concentration, including breath, blood, and urine tests. Breathalyzer tests, such as those that law enforcement uses at traffic stops, are called preliminary breath tests. Preliminary tests measure BAC but may not be quite as accurate as blood or urine tests or other types of breath tests. To check for BAC with a preliminary breathalyzer test, you simply blow into the device. You receive an immediate reading that provides you with the percent BAC it measured.
New Technology is Needed
Congress enacted infrastructure legislation last year that mandates the National Highway Traffic Safety Administration (NHTSA) to require alcohol monitoring systems in new vehicles within three years. Currently, companies are working on technology that will measure a driver’s BAC without having to blow into a tube. Previously, vehicle operation restriction was accomplished for some drivers with the use of a vehicle interlock device. However, this device requires the driver to blow into a tube. If the driver is over the legal BAC limit, the car will not start. The latest technology will likely take several years to perfect before it can be included in new vehicles. The NHTSA can ask for an extension, but it is only a matter of time before the devices are built into new cars.
Defending DWI Charges
DWI charges are serious, and a conviction could impact all aspects of your life. For these reasons, you will want to vigorously defend your DWI case. There are some options that might be available to successfully beat the charges. A knowledgeable DWI defense attorney will review the details of your case and help you defend your case. If you are facing DWI charges, don’t delay. Please contact us today to get a phone, video or in-person consultation by calling at (704) 370-2828 to speak with our detail-oriented and well-versed lawyers with offices in Charlotte, Lake Norman, and Monroe, please contact Arnold & Smith, PLLC today or find additional resources here.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights and stand at the ready to fight in the defense of those facing criminal charges.
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