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What exactly is Driving While Impaired?

April 26, 2017driving impaired

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What exactly is Driving While Impaired?

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It is a misdemeanor that has a different sentencing structure than other crimes. North Carolina has made it a crime to drive any vehicle on a public vehicular area or public road while under the influence of an impairing substance, or with an alcohol concentration of .08 or more. To convict a person of this offense the state must prove beyond a reasonable doubt that: 1. The Defendant was operating a motor vehicle 2. The Defendant was on a public road or public vehicular area 3. That the Defendant was under the influence of an impairing substance, or had an alcohol concentration of .08 or higher. Because case law is constantly changing, it is important to discuss the elements of your case with an attorney experienced and knowledgeable in this area of the law.