North Carolina Criminal Law Updates

DWI in North Carolina and 24/7 Sobriety

April 29, 2014 | by Danny Glover

There are numerous “monitoring” options available for courts and Judges to impose upon people convicted of DWIs in North Carolina. At this point, North Carolina DWI laws require the installation of an ignition interlock following a DWI conviction in several instances, including if you blow higher than .14, or if you have a prior DWI conviction in the past 7 years. In addition, N.C. law continues to increase a Judge’s authorization to require use of a CAM (continuous alcohol monitor), as explained here.

Several states, including South Dakota and Montana, have adopted a new type of program called 24/7 Sobriety. Basically, every person convicted of a DWI is required to go to a facility and take a breath test twice per day. If the person fails the test, the person goes to jail. Now apparently Florida is considering it, too. But would it work in North Carolina?

I have a number of observations about this program.

Boating DWI in North Carolina

April 5, 2014 | by Danny Glover

Northeastern North Carolina is a waterman’s paradise. From the North River, to the Currituck Sound, to the Albemarle Sound, to the Pamilico Sound, to the Pasquotank River, to the Perquimans River, to the Chowan River, to the Atlantic Ocean via Oregon Inlet or out of Hatteras, there are miles and miles of water fun to enjoy. However, there are numerous boating and water laws that you must obey, including laws involving alcohol. Violations of these laws can result in criminal charges if you are convicted of a DWI while boating in North Carolina.

Law Enforcement and Alcohol Consumption While Boating in North Carolina

While it is perfectly legal for you and your passengers to consume alcohol on the boat, even while it is in operation, it is illegal to operate a boat while impaired. Nautical law enforcement officers, such as game wardens, Marine Fisheries officer, the U.S. Coast Guard and federal wildlife officers, are all authorized to stop and board vessels on the water, and other law enforcement officers are authorized to stop you at the boat ramp and parking lots.

Criminal Record Check and What Is a Good NC Expungement Anyway?

February 17, 2014 | by Danny Glover

(This post pertains only to expunctions of North Carolina charges in North Carolina courts)

In this day and age, most employers, colleges and universities and military branches routinely run a criminal record check on applicants. A person with a previous criminal charge on their record runs a much higher risk of rejection than someone with a clean record. Expunctions, otherwise known as expungements, are a way to eliminate some of those previous charges and related information, in certain, limited circumstances, from appearing on a public record. However, simply obtaining an expunction does not erase the fact that the previous charge, and the conduct which led to it, actually occurred. So what, exactly, does an expunction accomplish?

North Carolina Expunction Statute