What Must Be Proven For A DWI/DUI Conviction?

What Must Be Proven For A DWI/DUI Conviction?

A conviction for a DWI/DUI can be a felony or misdemeanor offense depending on the number of previous DWI convictions the driver has.  A DWI/DUI conviction will result in a criminal record, loss of driver’s license, and increased insurance premiums. To be convicted of DWI/DUI, the prosecutor must prove the following elements:

1. You were driving
2. You were driving a motor vehicle as defined by the North Carolina General Statutes
3. You were driving on a public street, highway, or public vehicular area
4. You had an alcohol concentration of .08 or higher within a relevant time after driving


5. You where under the influence of an impairing substance while driving.  A person is under the influence of an impairing substance if their mental and/or physical abilities are appreciably impaired

To convict a defendant of DWI/DUI the prosecutor must prove at least 4 out of the 5 elements beyond a reasonable doubt.  Failure to prove 4 out of 5 of the elements will result in a dismissal of your DWI/DUI charges.

To avoid a DWI/DUI conviction you need to hire an experienced DWI/DUI attorney.

Banks Huntley has years of experience with DWI/DUI charges and his practice is devoted strictly to criminal defense.  Mr. Huntley is in court on a daily basis helping clients fight their DWI/DUI charges and he is good at it.  Mr. Huntley is a former North Carolina State Prosecutor who has prosecuted hundreds of DWIs in district and superior courts.  With his understanding of how the state is going to prosecute your case, he can provide a comprehensive and thorough defense.  Almost every DWI/DUI has holes in the case; Mr. Huntley will be able to find those holes and use them to your advantage. When so much is on the line you need an attorney who has been to battle before and knows how to obtain a favorable verdict for his client.


Find Out How We Can Help

At the Law Offices of Banks Huntley, we offer a FREE Confidential Consultation with an experienced traffic ticket attorney at an affordable price.  We welcome the opportunity to speak with you in person or over the phone to discuss your traffic matter and give you advice that will be tailored to your particular situation.  Contact our firm today at (704) 910-6278, to keep your driving record clean and more money in your wallet.

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