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DWI Evidence in North Carolina

As with any court proceeding, evidence will be a part of your DWI case. The prosecution will have various pieces of evidence that point to demonstrate your guilt and your attorney will refute this with information, testimony and other evidence to show your innocence. Evidence can come in many forms, but it must be introduced and leveraged properly to be effective in court.

Burden of Proof: The State’s Case Against You

Although both the prosecution and the defense rely on evidence in DWI proceedings, the endgame for each side is slightly different. The prosecution (also known as the State) is responsible for demonstrating a burden of proof; that is, that the defendant is guilty of the charges against him or her beyond a reasonable doubt. It is, therefore, the job of the defense attorney to cast doubt on the prosecution’s claims and evidence by introducing other evidence and facts to the court.

Types of Evidence

Some of the most common pieces of evidence that the prosecution will have in a DWI case include the results of a chemical breath or blood test as well as the testimony of the officer who made the arrest. Evidence that the defense could introduce include expert or eyewitness testimony and a timeline of the events leading up to the DWI arrest, with the intention of discrediting the prosecution’s evidence and showing the court that the defendant is not guilty of the charges that he or she faces. The defense does not have to prove complete innocence; rather, only cast enough doubt on the prosecution’s case that the defendant cannot be deemed guilty beyond a reasonable doubt.

Building Your Defense

Regardless of the evidence that the State may have against you, there are ways to defend yourself against a DWI in North Carolina. Hiring an experienced DWI defense attorney is the most important first step you can take in protecting your rights.