The Pineville Police Department charged a Browning & Long, PLLC client with Driving While Impaired in Mecklenburg County. Law enforcement officers alleged that our client crashed a car into a stationary pole in the parking lot of a car dealership. The officers believed this single-car accident was due to our client consuming an excessive amount of alcohol. As a result, they began a DWI investigation with our client.
During the police officer’s investigation, the investigating officer asked that our client perform multiple field sobriety tests, including the Horizontal Gaze Nystagmus, the Walk and Turn, and the One Leg Stand. While we would advise against performing such tests, our client conceded to the officer’s demands and completed the field sobriety tests. According to the officer, our client performed poorly on these tests. Also, while on scene of the accident our client submitted to a Portable Breath Test (PBT), which tests for the presence of alcohol. The PBT results were positive. We would have also advised our client against performing the PBT.
Based on the DWI investigation, law enforcement officers placed our client under arrest for Driving While Impaired. Our client was then transported to the Pineville Police Department, where he provided a breath sample on the Intox EC/IR II. The machine returned a result of 0.09, which was above the legal limit of 0.08 or greater.
