Can I Get a DWI in Durham if I Blew Under a .08?

mojitoCan you get a DWI in Durham if you blow under a .08? Short answer: Yes. “What?! How?! But .08 and under is the legal limit?!” These are questions running through your mind right now, and rightfully so. Under North Carolina Law, a BAC of .08 and more will constitute a drinking and driving charge. However, North Carolina also covers an “appreciable impairment” status. This means that an individual can still be charged with a DWI, even if they blow less than a .08.

Appreciable Impairment is determined by the officer who is investigating the individual for a DWI. After performing any road side tests, or through his observation of the individual, if the officer determines that the individual is “too impaired” to drive, then the individual can be charged with a DWI. This impairment can be determined by slurred speech, red glassy eyes, admission of drinking, slow or delayed reactions with motor skills, or failing on one or several standard roadside tests. Thus, if the officer notices any of the above and reasonably believes you to be impaired while driving, you can be charged with a DWI.

If you are charged with a DWI in Durham county, especially if you were under the .08 limit at the time, it is highly recommended you hire an attorney who will fight for you. Contact Guirguis Law at (919) 917-5171 or info@guirguislaw.com for more information on how our DWI attorneys can best assist you in your case.