Legal Question in DUI Law in North Carolina

I got a citation in NC for possession of an open container in the car in NC. I pleaded not guilty because the alcohol was not mine, it got dismissed and I had to do a drinking and driving class and 6 hours of community service. I than got another citation 6 months later for underage drinking(internal possession) I was wondering what will happen this time when I go to court.. for the second citation I was not breathalyzed and there is basically no proof I had alcohol in my system...what do you think will happen can I get this dismissed as well? Oh and when I got the first citation I was a PA resident, and in the second resident I am a NC resident, I recently switched, will that affect anything

Asked on 12/18/11, 8:54 am

1 Answer from Attorneys

Clarke Dummit Dummit Fradin (Winston-Salem Office)

You need to hire a good criminal defense attorney. The law in North Carolina is well established that the odor of alcohol alone is not enough to prove underage consumption, unless the person has been offered and refused a Chemical Tests. It is impossible to tell you what will happen when you go to court, it depends upon to many factors. There is little to no chance of getting any active jail time, but the problem is that if you plead guilty or are found guilty, you will have a criminal record.

This may be expungeable later if you otherwise qualify (age and no prior expungement) but may not be expungeable, so you should hire an attorney. You do not want a permanent criminal record. The fact that you changed your residence makes no difference to your criminal record.

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Answered on 12/18/11, 9:08 am

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