A Browning & Long, PLLC client was charged with Driving While Impaired (DWI) in violation of North Carolina General Statute 20-138.1 by a Charlotte Mecklenburg Police Officer. Our client was in a vehicle that was involved in a head on collision with another vehicle on Peachtree Road in Charlotte, NC. When the officers arrived at the scene of the accident our client was out of his vehicle laying on the road being treated by paramedics. One police officer detected an odor of alcohol coming from our client’s breath and therefore had another officer begin a DWI investigation. The officers questioned our client and our client admitted to drinking alcohol. After conducting several standardized field sobriety tests (SFSTs) our client was placed under arrest for DWI. After the arrest, the officers took a blood sample and our client had a BAC of .17. After watching all the officers’ body worn camera footage and interviewing the officers Mr. Long determined that the State would not be able to prove that our client was driving. After Mr. Long demonstrated this to the Mecklenburg County District Attorney’s office, the case was dismissed.
