Driving while intoxicated (DWI) offenses are a major safety issue in North Carolina. Motorists who have had too much to drink have an increased likelihood of causing major collisions, which is one reason the state strictly enforces impaired driving rules.
Anyone who causes a crash or gets pulled over while under the influence is at risk of a DWI charge. Police officers can arrest people for displaying diminished capabilities at the wheel or causing collisions. They can also conduct DWI arrests because of technical or per se statutory infractions. A new piece of legislation, HB-108, could soon put more drivers at risk of a per se or technical DWI charge.
What do lawmakers want to address?
For years, the rules related to drunk driving have remained roughly the same. Drivers can face charges regardless of their alcohol levels if they drive poorly. Others can face prosecution because of their chemical state. The proposed change to BAC limits could significantly increase the volume of DWI cases prosecuted in North Carolina.
If HB-108 passes the state legislature, it may significantly change the way that the state handles DWI charges. Drivers could be at risk of a per se offense based on their blood alcohol concentration once it reaches 0.05%. The current threshold is 0.08%. HB-108 has bipartisan support. Lawmakers want to reduce alcohol-related traffic deaths, which reached 409 fatalities in 2022.
A lower BAC limit might result in far more motorists facing technical or per se violations. Many motorists already struggle to notice when they are at or over the legal limit. Reducing the per se BAC limit may expose many motorists to the risk of DWI prosecution.
The state can prosecute any driver who has a BAC over the legal limit even if they do not necessarily display poor driving abilities. Should HB-108 pass, many people may face arrest and prosecution for actions that were not previously illegal. Those drivers may need help developing a criminal defense strategy to avoid conviction.
Learning more about North Carolina’s DWI statutes is important for those hoping to avoid or fight back against pending DWI charges. Specific defense strategies may prove helpful for those charged on the basis of their BAC rather than on their driving.