Are Witnesses Reliable in North Carolina DWI Cases?

Witnesses are often very important in North Carolina DWI cases. However, the real question is whether these witnesses are reliable. What if a police officer isn’t entirely truthful when they describe your alleged signs of intoxication? How many witnesses should prosecutors present if they want to establish “beyond a reasonable doubt” that you are guilty of driving under the influence? These are all valid questions, and you might want to explore them with your defense attorney. 

The Importance of Witness Observations in North Carolina DWI Cases

Unlike some other states, you can face a DWI conviction in North Carolina even if no one sees you driving while under the influence. The fact that you were not behind the wheel when police arrived at the scene is not enough to avoid potential penalties. For example, you might have exited your vehicle shortly after crashing into a tree. If police arrive to find you sitting on the curb, they could potentially still arrest you for DWI. 

In the same way, a civilian witness who saw you outside a vehicle could testify in court against you. This witness might highlight various observations that support DWI allegations, even if they never actually saw you behind the wheel. 

Witnesses are not required for DWI convictions in North Carolina, although they may become crucial. To support their arguments, prosecutors might also highlight your past driving record, evidence of recent alcohol consumption, erratic driving caught on camera nearby, and so on. 

Can You Challenge the Reliability of Witnesses in a North Carolina DWI Case?

Yes, you can challenge the reliability of witnesses in North Carolina DWI cases. Perhaps the most obvious target is the arresting officer, who probably made various observations about your alleged intoxication. These observations are often quite subjective, and an experienced defense attorney can cast doubt upon them. For example, “bloodshot” or “glassy” eyes may indicate a recent bout of crying rather than intoxication. In the same way, people may slur their words because they are nervous about talking to police officers – and not because they are drunk. 

You can challenge the reliability of civilian witnesses as well. For example, the witness testifying against you might have been intoxicated at the time of the alleged accident. This witness might also have vision problems, making their testimony unreliable. These are just a few examples of the potential unreliability of witnesses, and there are many others to consider. 

Can a DWI Defense Attorney in North Carolina Help Me?

A DWI defense attorney in North Carolina can be helpful in many ways. If you are facing witnesses who you believe are unreliable, consider speaking with an attorney about your concerns. Your lawyer could expose inconsistencies in their statements and other issues. However, exposing an unreliable witness is not the only way to fight a DWI charge. Consider expanding on this discussion by contacting Coastal South Law today.