In every DWI case, there is a warrantless arrest. 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.