Legal Question in DUI Law in North Carolina

Got DUI 5 hours after drinking 7 beers. How?

I had 7 beers max. I started drinking at about 10pm, stopped at 2am. An officer who knew I had been drinking the prior evening, saw me driving the next morning at 612am, stopped me and arrested me on susp. of DUI. I blew a .09 at about 715am. The prior evening I had went home ate eggs and toast along with a glass of milk and had 2 glasses of iced tea that morning. I did not in the least bit feel any effects from the alcohol from the night before or I would not have driven anywhere that morning( I did not drive home that evening). I have never had a DUI. My question is, is it possible to accept the penalty for a DUI and have the charge dropped to a careless driving? I don't own a vehicle and if I loose my license for a while thats ok. What are the any criteria for having the charge reduced to careless driving?

I have a long term liver disease, could this have anything to do with the high reading? I am 5'6 and weigh 180. I just don't understand how the reading was so high. And I am sure of the amount I drank, I didn't forget about ANY of the beers I had.

Asked on 11/14/04, 3:57 am

1 Answer from Attorneys

Timothy Burch Burch Law Office

Re: Got DUI 5 hours after drinking 7 beers. How?

where in NC is your ticket? Lots of press lately about the higher courts wanting district court judges to enforce the laws on the basis of the intoxilyzer results only. That is, .08 or higher should result in conviction, without considering the other circumstances such as the field tests, the explanation you provided including the liver disease, etc. The handling of your case may depend upon where it is located

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Answered on 11/15/04, 11:17 am

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