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Facing charges for driving while impaired in North Carolina can be frustrating at any age. The state treats DWI offenses harshly, and charges can very easily impact a driver’s privilege to drive. People under the age of 21 generally can face a different standard when it comes to alcohol consumption and driving a motor vehicle in North Carolina.

The state has a zero tolerance policy toward underage drinking and driving. That means that any measurable amount of alcohol may serve to support underage DUI charges under North Carolina law. However, the state can also pursue full DWI charges against an underage driver based upon an alcohol test reading of 0.08 percent or greater. Recently, an underage driver has arrested for her second DWI at the age of 18-year-sold.

Deputies in Davidson County claim that an 18-year-old driver was seen crossing over the center line while driving around 2:00 a.m. Sunday. The deputies pulled over the teenager, and a check of her driver’s license reportedly revealed that the license had been suspended after a previous DWI offense.

The young woman not only faces new North Carolina DWI charges, but was also arrested on suspicion of driving with a suspended or revoked provisional license, having an open container, under possession of alcohol and driving left of center. The teenager was hauled to the police station and later released into the custody of her stepmother after the most recent North Carolina DWI arrest.

A report from WFMY News does not indicate what the teenager’s blood alcohol level allegedly might have been on the night of the DWI arrest. It is also not clear if the arrest involved allegations of DWI or underage drinking and driving.

Source: WFMY News 2, “18 Year-Old Gets 2nd DWI, Charged With Other Traffic Violations,” June 25, 2012

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

This morning we went to the official unveiling of Second Chance, a program for student drug and alcohol offenders launching in Arlington County, Virginia. Second Chance is a true community effort with support from the courts, law enforcement, treatment providers, educators and community leaders.

Unlike punitive measures currently in use, Second Chance allows first time student-offenders to quickly bounce back. Utilizing parental involvement to make sure the student stays on the right track, Second Chance encourages students to explore not only why they shouldn’t use drugs or alcohol, but why they used it in the first place.

By intervening early and offering student offenders positive choices to get back on track, we think this program holds a lot of promise for Arlington’s students. That’s why we were happy to sponsor the program. We think that if this program works in Arlington, there’s no reason it wouldn’t work anywhere else in the country.

We’ll be watching closely to see how it does.

Century Council Blog

Jury selection began yesterday in a DWI related murder charge brought against a former North Carolina doctor. Twelve jurors were chosen and as the parties were selecting alternates this morning when the trial was abruptly halted. The prosecutor asked to delay in the North Carolina DWI trial to allow the matter to return the grand jury.

The state proceeded to trial with a bad indictment. The defense apparently did not agree to proceed on information. The prosecutor will have to take the matter back to a grand jury in order to proceed on a charge of second degree murder related to an alleged DWI crash resulting in death.

The indictment did not include pertinent language regarding malice, which is the basis of the prosecutor’s second degree murder charge. The judge reportedly granted the prosecutor’s request for a delay in the matter.

North Carolina law allows prosecutors to attempt to prove malice in a DWI related second degree murder charge based upon evidence that the accused intended to drive in a reckless manner with knowledge that injury or death would likely result from the driving conduct. The former doctor reportedly has been previously charged with driving under the influence of alcohol.

The case arose after an alleged incident the evening of September 11, 2009. Police claim the 43-year-old doctor spent time at a country club and later drinking at a tavern. After leaving the establishments, the doctor allegedly drove on Strickland Road in Raleigh at roughly two times the posted speed limit. According to the charges against him, he was driving with a blood alcohol content more than twice the North Carolina legal limit.

Police say he crashed his Mercedes-Benz into the rear end of a car driven by a 20-year-old woman. She reportedly died in the accident. The DWI related charges included the flawed indictment for second degree murder.

The matter now returns to the grand jury.

Source: News and Observer, “Snag sends Cook murder case back to grand jury,” Anne Blythe 2 Nov 2010

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