Legal Question in DUI Law in North Carolina

My freinds car was broke down on side of road and couldnt start it when the police arrived.they then arrested him for dui.but he was drinking at the car while waiting for freind to come help him.not before he drove.does he have a case ?

Asked on 1/13/11, 8:01 am

1 Answer from Attorneys

Rhett Johnson The Law Office of Rhett H. Johnson
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To be convicted of DWI under the per se theory, the state must prove that a person drove a vehicle on a street, highway, or public vehicular area with an alcohol concentration of 0.08 or more at any relevant time after driving. The state must prove he was actually operating the vehicle, which may be difficult for the state given the facts of this case.

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Answered on 1/18/11, 8:46 am

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