Leading criminal defense attorney Russell W. DeMent III of DeMent, Askew, Johnson & Marshall, PLLP in Raleigh, NC addresses common DWI/DUI myths, clarifying that charges can still apply even if one doesn't feel impaired. For more information please visit https://dementaskew.com/
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Leading attorney Russell W. DeMent III contradicts several common assumptions regarding drinking and driving issues.
For more information please visit https://dementaskew.com/
Russell W. DeMent III, of DeMent, Askew, Johnson & Marshall, PLLP disclosed that he had decided to address the topic head-on, having heard a number of repeated myths during the course of his work.
One of the most persistent rumors was that a driving while impaired (DWI) or driving under the influence (DUI) charge would not stick because the accused assumes they don’t consider themselves drunk and are capable of driving. A person will face a possible DWI/DUI conviction if caught driving and their blood or breath alcohol concentration is .08 or higher, even if they feel completely fine.
He said: "Many people think that just because they don't consider themselves drunk, or feel impaired, they can drive and be within the legal limits. That is not true, and it is one of the biggest myths regarding DWI/DUI offenses."
DeMent stressed that a person doesn't have to be "drunk" to be appreciably impaired and incapable of driving safely and being aware of other innocent drivers on the road. "If they are found to be over the limit, a DWI/DUI charge and conviction could follow, even if they believe or feel otherwise."
Another misunderstanding is that a person may well drive the next day after a previous night's drinking and feel 'normal and alert.' What they are not aware of is that alcohol may well still be in their system, and they are technically driving over the prescribed limit.
He said: "Many people wrongly assume that the risk of a DWI/DUI charge is diminished by waiting an hour or so after drinking to get behind the wheel. Each person's metabolism is different, and their blood alcohol level could take hours to come down and below a legal level. The average person eliminates alcohol at a rate of .0165 per hour after peak absorption. Which means, for instance, if the peak alcohol concentration of an individual is .16, they will still likely be over the legal limit five hours later."
Another legal mistake that some believe is that a DWI/DUI charge cannot be issued, and they cannot be convicted, if a person refuses to submit a breath or blood test. "It is another myth. You can be convicted of DWI/DUI charges without a breath or blood test result coming into evidence.”
Specifically, if a person exhibits observable signs of impairment through faulty driving, confused or impaired mental faculties, or loss of their normal physical faculties by exhibiting slurred speech or loss of balance and dexterity they can be convicted of DWI/DUI. All the State has to prove is that their mental or physical faculties are appreciably impaired.
He said that another assumption is that a person has to be driving to face a DWI/DUI charge. In fact, a DWI/DUI charge may arise even if a person was found behind the wheel of a parked car with the engine running. A DWI/DUI may also arise from lawfully prescribed medications that impair their ability to drive.
Additionally, DeMent advised that the assumption that a DWI/DUI cannot be dismissed or otherwise won is also wrong. While every case is different, if there is a suggestion that the DWI/DUI case is not provable, there were constitutional or statutory violations, evidence is inadmissible, or, for example, the chemical test was performed improperly, the door is open to challenge the case.
In conclusion, he said: "If you or a loved one has been arrested for DWI/DUI, you need to speak to a skilled attorney immediately. They can advise on the best approach to potentially contest the charge or properly advise you in ways to mitigate the damage and impact upon your life if the case cannot be won."
Source: http://RecommendedExperts.biz
Contact Info:
Name: Russell W. DeMent III
Email: Send Email
Organization: DeMent, Askew, Johnson & Marshall, PLLP
Address: 333 Fayetteville St #1513, Raleigh, NC 27601
Phone: (919) 341-2205
Website: https://dementaskew.com/
Release ID: 89144004
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