DWI Attorney Clarke Dummit explains briefly how the experienced Defense Attorneys of Dummit Fradin routinely fight a DWI in court and ensures the State meets its burden of proof. This could look like problems with how law enforcement pulled you over, whether they had reasonable suspicion of criminal activity, whether they did enough field tests to have probable cause for arrest, or even if they violated the health code when administering the breathalyzer. If they did happen to violate the health code, that may be grounds for suppression and the breathalyzer wouldn’t be entered into evidence at all. Going through each piece of evidence and each constitutional argument is essential to successfully fight a DWI in court.

Criminal Defense Attorney Patrick Apple discusses the types of blood draws found in a DWI case, whether or not they can be refused, and how to challenge a blood draw that results in a DWI once it’s been taken. There are three types of blood draws you’ll routinely see in a DWI case, a hospital blood draw, which is usually performed after a wreck and can be refused, a statutory blood draw, which is typically done with permission by a chemical analyst, and therefore can also be refused, but the third is done according to a warrant after there has already been a willful refusal and cannot be again refused. Once the state has a person’s blood they have to be able to show the chain of custody was unbroken, the blood was stored properly, there was no chance of mix-up at the lab, and that it was properly sealed. All these issues and many more need to be raised in a challenge to a blood draw that results in a DWI. If you’ve been charged with a DWI that hinges on a blood test, give Dummit Fradin a call today!

Criminal Defense Attorney Patrick Apple talks about the breathalyzer, why it isn’t reliable, and why if you’re asked to take the test, you are going to need an attorney no matter what you decide to do, submit to the test, or refuse. There are actually two types of breath tests in use, the first is performed on the road with an Alco-Sensor and is not admissible in court, and the second is performed at the county jail or station and is what is referred to as the breathalyzer. The breathalyzer is formally the EC/IR II machine and it doesn’t measure alcohol but rather the byproduct of alcohol in your lungs, ketones. The assumption is that everyone interacting with the machine has the same metabolic rate, which we know is a polite fiction, and yet it is admissible in court. Unfortunately, refusing to submit to the test means a warrant for blood can be obtained based on that refusal as well as an administrative suspension of driving privileges for 1 year. So, if you’ve been charged with a DWI or DUI because of a breathalyzer or refused to take the test and are now facing other consequences, call Dummit Fradin, let us help!

Criminal Defense Attorney Clarke Dummit, who has been fighting DWIs for over 30 years, answers, “Why are DWIs so complicated to fight in court?” In every case, there is a warrantless arrest under the Fourth Amendment. The Fourth Amendment protects you from unreasonable search and seizure, but since a traffic stop isn’t a strenuous hold, the standard is low. However, the arrest is serious, therefore we must make sure they have collected enough evidence in the field to uphold that arrest. So, we need to look at both, whether they had reasonable cause to stop you, and reasonable cause to arrest you. Next is the scientific evidence. This is fairly complex, and the state must be able to get this into the trial. The third complication is the special sentencing factor which is different than any other crime in North Carolina. So, as you can see, DWIs are very complicated. If you’ve been charged, you need to consult with an experienced attorney right away. Call one of our attorneys today!

Many clients want to know, will a DWI be dismissed? This is highly unlikely since a District Attorney would have to file paperwork with the court so that it becomes public record if they are going to dismiss a DWI. Many organizations, like Mothers Against Drunk Driving, watch for these records and make problems for the District Attorneys. So, they rarely simply dismiss a DWI charge. Usually, the matter goes before a judge where there is a move for a dismissal based on suppression or constitutional grounds. Or sometimes, a not guilty plea is entered and there is a trial.

Criminal Defense Attorney Patrick Apple continues his three-part series discussing how to challenge common evidence found in DWI cases by touching on the field sobriety tests. There are only three tests that are recognized by the NHTSA and admissible in court. These are the HGN or the Horizontal Gaze Nystagmus test, the walk and turn test, and the one-leg stand test. The HGN test looks for the involuntary jerking of your eye when an officer puts a stimulus in front of your eyes and moves it back and forth. This should typically be a finger, often in a DWI case, the officer has used a very bright flashlight instead. The walk and turn test and the one-leg stand test are often performed on the side of the road with traffic roaring past. Officers also make up other tests like the counting test and the ABC test, but these are not admissible or recognized as authentic tests. The Officer must say that the person being charged with a DWI performed poorly on the three field sobriety tests, otherwise it will be considered a poor arrest. Their testimony will be used in court, therefore to challenge their account, you should review their body and dash-camera footage to see if the tests were performed to NHTSA standards and under what conditions. If you’ve been charged with a DWI where field sobriety tests were used, call Dummit Fradin today! Let us help!