“Don’t drink and drive.” If you asked 100 people whether those words are good advice, I wager all would agree. The statistical relationship between blood alcohol concentration (BAC) and crash risk is well established and ranks among the most replicated findings in traffic safety research. However, it is deeply disturbing that North Carolina law enforcement officers arrested 14,655 people for driving while impaired (DWI) in 2024.
A law enforcement officer in North Carolina must prove three essential elements beyond a reasonable doubt to secure a DWI conviction. The defendant must drive or operate a vehicle on a street, highway, or in a public vehicular area while impaired. A person meets this last element if he or she is under the influence of any impairing substance ─ including prescription drugs or marijuana ─ that causes an appreciable loss of normal bodily or mental faculties. A person is also impaired if he or she has a BAC of 0.08 percent or higher, or any amount of a Schedule I controlled substance or its metabolites in the blood or urine.
Although many people are aware of the 0.08 percent BAC limit, they may not understand the corresponding degree of impairment. A standard drink is five ounces of wine, 1.5 ounces of 80-proof liquor, or a 12-ounce beer. An average-sized man may reach a 0.08 percent BAC after consuming four to five standard drinks within a single hour. Meanwhile, it might take only three to four drinks for a woman. Please note these are broad generalizations. Some people are significantly impaired with a lower BAC, and others may appear to function well despite consuming a higher number of standard drinks. Regardless, with a 0.08 percent BAC, a person is considered legally impaired ─ drunk, and not merely buzzed. Accordingly, he or she experiences slower reaction time, poor coordination, and diminished judgment, all of which are necessary for safely operating a vehicle.
We aim to remove impaired drivers from Orange County roads, as we see too many preventable alcohol-related tragedies. Fortunately, the National Highway Traffic Safety Administration established six categories of visual clues to help law enforcement officers identify drivers who may be drunk.
For example, if a motorist has trouble maintaining proper lane position, demonstrated by weaving, swerving, or almost striking another object, the probability that the driver’s BAC exceeds 0.08 ranges between 50 and 70 percent. If a deputy observes multiple clues or clues from more than one category, the likelihood that the driver is impaired increases.
After observing clues and conducting a traffic stop, the officer asks for the driver’s license and registration and likely directs the driver to exit the vehicle. Drivers must comply with such requests; however, they retain other rights, such as remaining silent or requesting legal counsel.
A deputy suspecting impairment usually asks the driver to perform standardized field sobriety tests (SFSTs) to evaluate the person’s condition. Although the driver can refuse, the magistrate may use such a refusal as an indicator that weighs in favor of establishing probable cause to arrest. SFSTs include looking for specific involuntary eye movements, the walk-and-turn test, and a one-leg stand. Again, the more clues a driver exhibits, the higher the probability the BAC is above a 0.08 percent.
If the deputy still believes the person is appreciably impaired, he or she will transport the driver to the Intoxilyzer, an instrument that measures blood alcohol concentration through breath analysis. If a driver refuses to blow, he or she faces immediate revocation of driving privileges, and the deputy will ask a magistrate to grant a search warrant to draw the defendant’s blood. The blood draw occurs by force if necessary and may reveal the presence of additional impairing substances.
Generally, upon finding that the deputy had probable cause to make the arrest, a magistrate may allow a first-time offender to sign a written promise to appear in court and leave the detention center with a sober adult.
The wheels of justice turn slowly. It can take between six months and two years for a DWI case to reach final disposition. Along the way, the consequences add up and include embarrassment and inconvenience. The total cost generally ranges between $10,000 and $17,000 which may include court and legal fees, an alcohol assessment, increased insurance premiums, lost work time, the costs of alternate transportation, and more. These figures skyrocket if the defendant crashed or injured anyone.
There are many options cheaper than a lawyer, safer than a crash, and better for your future. I’ll therefore end where I began. Don’t drink and drive.
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