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As we move toward the Memorial Holiday weekend, law enforcement in North Carolina is working on its plans for summer enforcement of the state’s drunk driving laws. North Carolina law allows authorities to conduct checkpoints aimed at catching drivers who are allegedly driving while impaired. Often, the state may bring in what many North Carolina residents recognize as the BATMobile, a mobile unit with breath testing machines, and facilities that include the availability of an on-site magistrate to process DWI charges.

North Carolina officials say that the Highway Patrol and other agencies, including the Wildlife Resources Commission and the Division of Alcohol Law Enforcement, will be setting up DWI checkpoints near parks and water recreation areas across the state during the summer months.

Enforcement efforts will be especially focused on the three big summer holidays, Memorial Day, the Fourth of July and Labor Day. Each year, the state runs DWI enforcement campaigns during the holidays, as well as at random times throughout the year.

Later this month, state officials plan to kick-off the summer DWI enforcement season surrounding the Memorial Day weekend. The campaign, dubbed “On the Road, On the Water, Don’t Drink and Drive,” is slated for kick-off May 24. Needless to say, DWI checkpoints and saturation patrols may arise in other areas not associated with parks and recreational areas.

Troopers and other law enforcement agents plan to set up sobriety checkpoints to enforce DWI laws. However, followers of this blog may recognize that a wide variety of allegations can arise during a DWI checkpoint, ranging from a variety of alleged traffic offenses, to allegations of felony-level offenses as cars pass through a checkpoint.

Years ago, the United States Supreme Court ruled that sobriety checkpoints do not necessarily violate the constitutional guarantees prohibiting unreasonable government intrusion. However, the high court did not suggest that DWI checkpoints can never be individually found to be unconstitutional.

The justices say that a checkpoint can become overly intrusive to the level of a constitutional violation if conducted without proper safeguards to protect individual rights. Any constitutional level issue may involve complex legal principles. A person accused of a crime may speak with a criminal defense lawyer for assistance in defending against the charge.

Source: The Herald-Sun, “Highway Patrol plans DWI checkpoints near boating areas,” Keith Upchurch, May 13, 2013

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As we near the end of April, we are also approaching the end of the school year. Spring brings a series of proms, and graduation parties all across North Carolina. The governor has declared April as Alcohol Abuse Awareness Month. Parents and teens alike generally know that underage drinking is prohibited under North Carolina law. And when teens and 20-year-olds drink and drive, the consequences can be increased.

Mothers Against Drunk Driving says that consequences that can arise from underage drinking– other than those in the justice system–can be severe for young adults, regardless of whether a teen drives or not. The organization says that the majority of deaths that can be linked to underage drinking do not occur in drunk driving car accidents. MADD says that 68 percent of alcohol-related fatalities are from non-traffic related causes-including murder, suicide and alcohol poisoning.

Authorities say that underage drinkers accounted for nearly ten percent of all alcohol sold in the state in 2010. Officials also say that 34 percent of high school students admitted in a survey to having consumed alcohol within the 30 days preceding the study.

The data is general data, not related just to the end of the school year. However, as prom season slides by and the graduation season approaches, many high school, and even college aged kids, may find themselves receiving a citation for underage drinking. Many drivers may face underage DUI or DWI charges as we move toward the summer months.

When it comes to driving offenses, a teen can be charged with DWI based upon the traditional concepts of DWI laws in North Carolina. But, the state has a zero tolerance for underage drivers. Essentially, any evidence of alcohol, such as a reading as low as 0.01 percent, can support an underage DUI charge in North Carolina. Underage drivers accused of drinking and driving can also expect to have their licenses suspended.

Anyone facing underage alcohol offenses in North Carolina should not take the matter lightly. Teens accused of underage possession or consumption, and especially drunk driving offenses, should consider seeking the assistance of a criminal defense lawyer to assess the allegations and devise a defense to the accusations.

Sources:

• Fuquay-Varina Independent, “April is Alcohol Abuse Awareness Month,” April 26, 2013
• KLTV 7, “Underage drinking leads to fatalities on, off roads,” Updated April 24, 2013

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm

Lawmakers in Raleigh, North Carolina have introduced a new bill to limit where certain flavored malt beverages may be sold in the state. The proposed measure applies flavored beverages that contain nine to 15 percent alcohol content. The idea is aimed at curbing underage drinking in the state.

The lawmakers believe that the flavored malt beverages, such as Four Loko, Loose and Blast taste too much like soda pop and therefore appeal to people who are under the age of 21–the legal age to possess or drink alcohol in North Carolina. Lawmakers wish to limit the availability of such flavored malt beverages. The bill would make it illegal to sell the beverages anywhere but in North Carolina Alcohol Beverage Control stores.

A spokesperson for the North Carolina Alcohol Policy Alliance says that, “Existing flavored alcohol beverages are more popular than beer among teenage girls and represent over 16 percent of the youth alcohol market,” according to WNCN News.

A community advocate who founded Together For Resilient Youth in North Carolina says that limiting sales of the flavored malt beverages to ABC stores will move the sales to a controlled environment. She says that the number one place teens obtain alcohol is through friends or from home. But she says that the number two source of alcohol for underage drinkers is convenience or grocery stores. The bill aims to eliminate non-ABC locations as a potential source for the flavored malt beverages.

The measure passed its first reading in the House last week and was sent to the House Committee on Rules, Calendar and Operations.

North Carolina law has many provisions aimed at controlling underage drinking. People under the age of 21 can face criminal charges for allegedly possessing or consuming alcohol. Similarly, people of any age can face charges for providing alcohol to a minor.

Source: WNCT, “Bill aims to curb underage drinking by limiting malt beverage access,” WNCN Staff, April 12, 2013

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The North Carolina Court of Appeals Tuesday upheld a Superior Court ruling throwing out three DWI convictions of a Fayetteville, North Carolina woman. The woman says that guilty pleas were entered on her behalf in 2006, but she never agreed to plead guilty and she says that she was not in court when she was convicted of the charges without her consent.

Last January, a Cumberland County judge overturned three prior convictions on a Fayetteville, North Carolina woman’s record that had been entered in 2006. The woman reportedly was charged with driving while impaired on three separate occasions in 2004 and 2006. Court records reportedly indicated that convictions were entered on all three charges in November 2006. When the woman was arrested in 2009 on suspicion of DWI, she was facing a potential felony DWI offense.

The Superior Court judge reportedly found serious flaws in the court records that raised questions about veracity of the court records. The judge considered the evidence presented, the legal arguments and the contents of the court records and overturned the prior convictions.

Prosecutors appealed that decision, arguing that the judge did not have jurisdiction to overturn the prior convictions. The Court of Appeals rejected that argument and upheld the lower court ruling. Prosecutors are considering an appeal to the state Supreme Court. If appealed, the North Carolina high court has discretion to accept or deny review of the appellate ruling.

This blog has recently discussed felony DWI charges under North Carolina law. Lawmakers are considering a proposal to make a third conviction for DWI within a 10 year time period a felony offense under the habitual DWI statute. Currently, a fourth conviction for DWI within 10 years can bring serious prison time as a habitual DWI offense. The Fayetteville woman challenged the prior convictions after being arrested in 2009 for an alleged DWI offense.

Source: Fayetteville Observer, “Appeals court says Cumberland County judge can overturn DWI convictions,” Paul Woolverton, April 3, 2013

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Lawmakers in the North Carolina House passed to measures last week that are aimed at habitual drunk driving charges in the state. Essentially, habitual driving while impaired is a specific type of repeat DWI offense. Lawmakers say that when repeat DWI convictions rise to a specified level, prosecutors can seek a habitual DWI charge, which is a felony level offense.

One of the measures passed by the North Carolina House last week involves lowering the threshold level to bring habitual DWI charges. Currently, a fourth conviction of DWI within a 10-year time frame qualifies as a felony-level habitual DWI offense. House lawmakers passed a bill lowering that threshold to three convictions in 10 years. That means that a driver accused of DWI with two prior DWI convictions within a decade could be facing a felony.

The second measure eliminates the 10-year look-back period for any driver previously convicted of habitual DWI. Lawmakers call the look-back period a “loophole” in the habitual DWI statute. The house bill seeks to make any DWI offense involving a driver previously convicted of habitual DWI a felony habitual DWI offense.

That is–a driver previously convicted of habitual DWI, even if the person has had no other record for 30 years, 40 years or more– may face a felony DWI under the new paw if passed by the Senate and ratified.

Source: News and Record, “N.C. House supports tougher DWI laws,” Travis Fain, March 19, 2013

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm

A North Carolina brewer hoped to sell three ounce “shooters” in grocery and convenience stores in the state. However, officials raised concerns over the product. The North Carolina Alcohol Beverage Control Commission grew wary of the malt beverage product, fearing that the shooters would encourage underage drinking.

Stout Brewing had proposed to sell the product dubbed Stout 21 in three ounce vials with a twist off top. The flavored high alcohol beverages would have come in a variety of flavors, including apple pie and margarita.

State officials say that the three ounce vials would contain as much alcohol as a normal can of beer, in a much smaller package. The ABC Commission denied the company’s request to market the shooters based upon a fear that teens would find the product attractive.

In addition to the high alcoholic concentration of the product, ABC officials say that teens would be drawn to the product because of its size and ease of concealment. The brewer says that the product would be marketed to people of legal age to drink in the 21- to 35-year age bracket. The state ABC Commission recently voted unanimously to reject the proposal.

North Carolina officials take underage drinking seriously. Followers of this blog may recognize that state authorities and local law enforcement agencies seek to enforce laws prohibiting underage drinking rather aggressively. North Carolina law even makes simple possession of a fake ID a crime, which is aimed at least in part to control underage possession and consumption of alcohol.

Students and teens who are under the age of 21 should be aware that a citation for an alcohol offense can have long term consequences. Because underage alcohol offenses are a crime, and North Carolina law brings charges against a person 16-years-old or more in adult court, paying a fine on an underage alcohol citation will create a criminal record for a teen. Parents and teens should consider seeking the advice of legal counsel when allegations of an underage alcohol offense arise.

Source: WRAL, “Plan for 3-ounce alcohol drink falls flat,” March 20, 2013

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Last week, this blog discussed potential changes to the habitual driving while impaired standards under North Carolina law. However, the proposed change does not mean that authorities cannot already seek significant consequences for alleged repeat DWI offenders. North Carolina’s DWI and sentencing laws allow prosecutors to seek harsh consequences under the current law, and people accused of any level of DWI offense have the right to have representation to challenge the state’s lawyers in criminal court.

Two men in Gaston County are facing DWI allegations after police made two separate arrests roughly six hours apart. One of the cases involves an alleged repeat offender, while the other involves the claim that the man has been charged with three DWI offenses in roughly three months.

The first incident involved a man who reportedly has four prior DWI convictions dating back to 2010. He is now accused of a felony level offense of habitual DWI. Police claim that the 22-year-old Lincolnton, North Carolina man was speeding around 7:00 Monday evening on Interstate 85. He was later arrested for felony DWI after police made a traffic stop. He was booked into jail and held on 0,000 bond.

Several hours later, Gastonia Police stopped a vehicle, claiming that the license plate was not properly illuminated. The driver, a 53-year-old Lowell, North Carolina resident, told the officer at some point during the police encounter that he had taken some prescription medication, according to Gastonia Police.

The man later submitted a blood sample for toxicology testing, authorities say. He is charged with DWI. Police claim the he is facing DWI charges from incidents arising December 7, 2011 and on New Years’ Day. It is not clear from a story in the Gaston Gazette if those allegations also involve prescription medication, alcohol or some other substance.

Source: Gaston Gazette, “Men arrested for DWIs, again,” Diane Turbyfill, Feb. 19, 2013

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In the last entry, we discussed a recent North Carolina DWI case that involved legal arguments and a trial before a jury, where the jury acquitted the defendant of DWI. The man says that a police officer sought to compel a blood draw without a warrant, claiming that an exigent circumstance existed to make the warrantless blood draw request sound under North Carolina law.

Prosecutors claimed that the rapid dissipation of evidence allowed the warrantless search. Ultimately, the case was resolved before a jury and not on the legal arguments before a judge.

Most states generally control their own DWI laws. But constitutional issues are matters for the courts and the U.S Supreme Court has binding authority on state courts on federal constitutional issues.

Several decades ago, the U.S. Supreme Court ruled in a DWI case involving a car accident that authorities did not need to obtain a warrant to obtain a blood sample. However, the high court is currently deciding whether a warrant is constitutionally required to obtain a blood sample in a routine DWI case. Currently 25 states allow law enforcement to compel a person to provide a blood sample if an officer requests one without a warrant and with probable cause to suspect the driver is under the influence.

A driver who refuses an implied consent test for impairment may face consequences, including a driver’s license suspension and an arrest on DWI allegations in North Carolina. Most (if not all) states use the legal concept of implied consent in DWI cases, and the recent U.S. Supreme Court decision could be instructive on whether or not the constitutional protections in DWI cases continue to differ under the warrant clause. The high court ruling is expected before the end of the term this summer.

Source: Winston-Salem Journal, “Winston-Salem man who alleged that police violated his rights acquitted of DWI,” Michael Hewlett, March 15, 2013

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A man has fought his driving while impaired charges since his was pulled over in July 2010. The case has made its way to the North Carolina Court of Appeals, and back to court in front of a jury. The jury acquitted the man of DWI after trial.

The man says that an officer with the Winston-Salem Police sat on his chest to obtain a blood sample without a warrant during the DWI investigation. The man argued that the warrantless procedure was a violation of his constitutional rights.

In the recent North Carolina DWI battle, the man was originally convicted of DWI in Forsythe District Court, but appealed to Superior Court. There, the judge dismissed the charge. The case found its way to the North Carolina Court of Appeals, which reversed the Superior Court ruling and sent the case back down. The man took his DWI charge before a jury recently. The results of the blood sample were suppressed at trial.

The jury heard testimony about the alleged incident from July 2010. Police claim that a Winston-Salem Police officer visited a gas station to stop a car for an alleged taillight violation. That car was not associated with the DWI allegations. Instead, police claimed that after the officer let the driver with the broken taillight go, he noticed a truck parked at the gas station and ran its plates.

The officer says that the registered owner of the truck showed as having a suspended driver’s license and the cop looked to investigate that issue. Police say the owner was in the driver’s seat of the parked truck. However, the officer reportedly never found any keys to the parked truck.

Police claim that the driver was agitated, and that the officer suspected that the driver was under the influence of cocaine. The man ultimately was hauled down to the hospital for a blood test, leading to the legal arguments seeking suppression of the evidence.

When the case was remanded for trial, prosecutors argued that the man’s agitated state and alleged poor performance on field sobriety tests were sufficient to show that the man was under the influence that night.

The criminal defense argued before the jury that the man was agitated because his constitutional rights were being violated. Police never saw the man driving the truck, and never saw keys. The defendant says that he had not been driving at all. The man reportedly admitted to having a beer and a drink that night, but never drove. He says that he was retrieving change from the truck to pay for something at the gas station. A video of the incident reportedly shows that the officer never saw the man drive the truck.

Friday, a Forsythe County jury spent about an hour deliberating before returning a not guilty verdict on the DWI charge.

The issue of whether a police officer can compel a blood sample without a warrant in a routine DWI case raises an interesting constitutional issue, which the United States Supreme Court is currently considering. In the next entry, we will discuss that issue in more detail.

Source: Winston-Salem Journal, “Winston-Salem man who alleged that police violated his rights acquitted of DWI,” Michael Hewlett, March 15, 2013

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm

Throughout the year, North Carolina law enforcement agencies use saturation patrols and sobriety checkpoints during operations to enforce North Carolina driving while impaired laws. But many holidays bring extra attention for statewide DWI enforcement efforts. Many people all across the country attend parties or go to bars to drink green beer and party on St. Patrick’s Day. This year, the annual unofficial spring holiday falls on a Sunday.

Law enforcement agencies across the state are planning on extra enforcement efforts throughout the weekend in the belief that St. Patrick’s celebrations will extend to the entire weekend, beginning Friday.

Local agencies in Pitt County generally have some kind of extra enforcement plans for events or holidays that police believe may bring out more revelers than the average weekend. State officials say that law enforcement agencies statewide will be participating in a St. Patrick’s Day “Booze It and Lose It” DWI enforcement campaign.

This year, officials from the Governor’s Highway Safety Program say that law enforcement will unveil a new North Carolina BATMobile during the weekend. The concept of the BATMobile is not new, we have discussed to units in previous posts. However, state officials say the new 40 foot mobile unit has two magistrate stations and six breath testing stations to facilitate DWI investigations and allegations.

St. Patrick’s Day fell on a Saturday last year. With the day falling on the weekend law enforcement charged 819 people with DWI or underage drinking and driving across the state. As we reported last year, more than 100 of the 800 plus drunk driving arrests last year involved underage drinkers. This year the weekend DWI enforcement campaign will run Friday through Sunday March 17.

Source: WECT, “BATMobile to be unveiled in St. Patrick’s Day ‘Booze It & Lose It’,” Debra Worley, March 13, 2013

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm