Legal Question in Criminal Law in North Carolina

Can I get my second drinking ticket dropped after blowing .01

Asked on 8/27/21, 8:17 am

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

You don't get tickets for just 'drinking' unless you are under 21. If so, then no, it likely won't be dropped because any amount of alcohol is all that's needed to convict you as there isn't suppose to be any in your system. If you were charged with DWI then it is possible to have the ticket dropped as ,01 is well under the legal limit. However, there are two ways to be convicted of DWI. 1) blowing .08 or higher OR 2) being appreciably impaired. That basically means noticeably impaired and that could happen at .01. The more important thing to consider is that it would be very unusual to blow .01. Typically what a .01 means is that you are an alcoholic and basically pretty much always have residual alcohol in your system. This is even more likely the case considering this is your second charge. If all of that is the case, you need to get help as you are likely well on your way to an early death which would not be of any concern if you were the only one at risk but you could end up taking others out with you and that is something the state of North Carolina has an interest in preventing - by putting you in jail if necessary. Best of luck.

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Answered on 8/27/21, 8:32 am

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