In North Carolina when drivers have been convicted with driving under the influence of alcohol, those convictions will stay on their permanent record. This means that if the driver faces additional criminal charges, then prosecutors can base their case upon the driver’s history. In practicality this means that the more DWI convictions one has, the more serious the consequences will be.
This is what a man is now facing after he was arrested on a third arrest for driving under the influence of alcohol. The driver is a 49-year-old man. He was almost involved in a head-on collision with a law enforcement official’s vehicle. Apparently, the driver lost control of his vehicle which caused him to cross over the concrete median. He continued driving, but the wrong way into oncoming traffic. He just missed crashing into the deputy’s vehicle.
The driver was stopped, and upon questioning, the deputy says that the driver’s breath smelled of alcohol. Reportedly, the driver showed signs of impairment as well. Based upon this evidence the driver was arrested and taken into custody.
While in custody he was asked to take a breath test which could determine the driver’s blood alcohol content, also commonly referred to as BAC. However, the driver refused to submit to this test. North Carolina is an implied consent state, which means that drivers may refuse a blood alcohol test, but will be forced to submit to one anyway.
In this instance, because this is the driver’s third DWI offense, he was charged as a repeat offender, along with charges for the breath test refusal. Now, he will need a strong criminal defense to protect his rights and obtain the best outcome possible under the circumstances.
Source: TBO.com, “Man charged with DUI after almost hitting Pasco deputy’s car,” Oct. 22, 2012