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The attorneys of Daughtry, Woodard, Lawrence, & Starling

Can you prove your charge resulted from an improper DWI stop?

On Behalf of | Nov 4, 2022 | Criminal Defense

When you face a DWI charge, it can feel like any defense you might have is too little too late. In actuality, though, a judge may dismiss or lessen your charges if you can prove that the arresting officer is guilty of violating proper procedures before, during or after the arrest.

As one example, your arrest might be the result of an improper traffic stop that an officer conducts without reasonable suspicion of intoxication. You can strengthen your legal defense by understanding more about what constitutes an improper DWI stop and how to defend against it.

What constitutes reasonable suspicion?

While the North Carolina Department of Public Safety explains that it is certainly illegal to drive with an alcohol concentration of 0.08 or above, an officer cannot stop you based on a hunch that you are driving while impaired. Rather, there must be circumstances that provide an officer with reasonable suspicion that you are guilty of illegal behavior. Reasonable suspicion warranting a traffic stop can result from:

  • Failing to signal
  • Weaving through traffic
  • Near collisions
  • Other examples of unsafe driving

How can you prove a DWI stop is improper?

If an officer claims they have reasonable suspicion for the DWI stop, it can seem difficult to defend yourself. Take note of any behavior which might indicate that the officer has a personal bias that may be the true reason for conducting a wrongful stop.

Your defense team can help you identify an officer’s mistakes or misconduct that can result in a lesser sentence for your DWI charge. Please contact our law firm for more information on how you can proceed with your criminal defense case.