DUI
North Carolina DWI Laws Changed
Bill directs judges to crack down on drunk drivers
The three dozen changes to drunk driving laws are intended to lead to more DWI convictions. Even people riding bicycles and lawnmowers could face DWI charges if caught on their "vehicles." The bill's sponsor, Rep. Joe Hackney, D-Orange, said "This will save lives in North Carolina."
Under the new DWI laws, prosecutors must report reasons for reducing or dismissing drunk-driving charges and the court must make those decisions available to the public. Drunk drivers that cause wrecks resulting in serious injury or death will be charged with a felony. Law enforcement officials will be granted more access to medical information in DWI cases. The bill will also allow police to seize a vehicle when a driver is charged with DWI and does not have a driver's license or insurance.
Anyone under the age of 21 with any presence of alcohol could be charged with a misdemeanor. Currently a minor is only prohibited from possessing alcohol. In another effort to stem underage drinking, retailers would be required to maintain records of all keg sales.
Previously it was found that state judges acquitted more than one-third of DWI defendants who went to trial and had a blood alcohol level above the legal limit. The new law affirms that 0.08 blood alcohol content (BAC) is the legal limit and establishes that threshold as sufficient for a conviction. That means drivers registering 0.08 or higher on an Intoxilyzer test will be found guilty, even if they show no signs of impairment. Further, the legislation forces judges to allow breathalyzer evidence and expert witness testimony during a DWI trial.
DWI defense attorneys have questioned the breathalyzer provision, stating that it limits a judge’s discretion in ases where the driver demonstrated no signs of impairment other than the Intoxilyzer reading. The North Carolina cademy of Trial Lawyers thinks the bill places too much reliance on equipment that can provide inaccurate readings.
Sen. Tony Rand, D-Cumberland said the bill would "go a long ways toward making sure that the law of driving impaired is applied equally across North Carolina and hopefully we will do something about the problem on our roads."
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Monday, July 31, 2006
Filed in DUI News | North Carolina DUI | Permalink | Comments (0)
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