North Carolina man found sleeping charged with DWI
A person reportedly called Gastonia Police last week to report a car allegedly driving in a reckless manner. The caller reportedly said the car was crossing the center line as it traveled in Gaston County. Later that evening, a Gastonia police officer says he spotted a 2008 Chevrolet sedan pulled over near an intersection in Gastonia. The officer thought the car looked suspicious and decided to check it out.
The officer says he found a 27-year-old man asleep in the vehicle and ultimately, the man was arrested on suspicion of driving while impaired. The officer claims the driver smelled of alcohol and exhibited other characteristics allegedly indicating the man may have been under the influence. Bloodshot eyes, slurred speech during the encounter and the inability of the driver to maintain balance are included in the allegations.
The officer says he found an open container of alcohol in the passenger side of the vehicle during the encounter. The man, who had allegedly been sleeping in the Chevrolet along the side of the road, was arrested on suspicion of DWI. Law enforcement claims the man submitted to an Intoxilyzer breath test, which reportedly showed a result of 0.30 percent alcohol content. North Carolina law presumes impairment at 0.08 percent BAC.
The accused was booked into the Gaston County Jail with bail set at ,000. Police claim the man previously faced DWI and reckless driving charges on year ago, in August, 2010.
The law allows prosecutors in North Carolina to bring DWI charges on two separate theories; presumed impairment based upon an alcohol test showing a result of .08 or more; and, based upon their observations of driving conduct and observations of the accused during a traffic stop. But in some cases, law enforcement does not actually see any driving conduct.
Individuals in Greenville and Pitt County who are accused of DWI can speak with an experienced DWI defense attorney to protect their rights.
Source: Gaston Gazette, “Gaston man accused of DWI,” Kevin Ellis, Aug. 11, 2011