For people who need a commercial driver’s license to make a living, a traffic offense may lead to significant trouble at work, as well as in issues related to maintaining a valid CDL. Similarly, motorists who travel into a state, whether for work as in the case of over the road professional drivers and for tourists alike, a traffic offense or charge for allegedly driving while impaired in North Carolina can be daunting.
A Nebraska man recently was arrested on suspicion of DWI on Interstate 40-85 in Graham, North Carolina. A state highway trooper claims that the rig the Nebraska man was driving was weaving on the Interstate at around 10:50 in the morning.
The driver of the 18-wheeler reportedly was ultimately placed under arrest during the investigatory stop on suspicion of impaired driving. Authorities apparently obtained a blood sample for chemical testing related to the DWI charge. In addition to a more traditional DWI charge, the driver of the commercial vehicle has also been charged with a driving a commercial vehicle while impaired.
The legal limit in North Carolina for driving a commercial vehicle is set lower than the general per se legal limit. The threshold for a per se DWI offense in a commercial vehicle is set a 0.04 percent blood alcohol concentration.
A DWI charge for a professional can have a significant impact. Many legal issues may arise in any DWI investigation. Issues with the chemical test, procedures involved throughout the situation, or other factors may give rise to constitutional concerns.
For instance, what constitutes a lawful traffic stop may involve complex legal analysis (a subject we have recently discussed concerning allegations of weaving in one lane in North Carolina). In general, constitutional principles do not allow police to make a traffic stop based upon a mere whim or hunch. Law enforcement must have some reasonable basis to believe that the individual target of a traffic stop has engaged in some level of violation.
But, in many instances, a traffic stop may involve overreaching of government authority. The issues may turn on the details and timing of events surrounding the stop.
Source: The Times-News, “DWI commercial vehicle,” July 18, 2013
