When North Carolina law enforcement officers make a drunk driving arrest, there is certain protocol that must be followed. If there is a break in the protocol or process, officers may not be able press charges against the alleged drunk driver. Even if prosecutors and law enforcement decide to move forward with a case and press charges, mistakes during the arrest phase can create challenges in securing a conviction against the driver.
In a disturbing recent incident, there were no drunk driving charges filed against an off-duty police captain in another state, just a few moving violations. The police captain was involved in an accident several weeks ago. Witnesses claim that the captain was drinking and driving. The accident occurred in the captain's jurisdiction; since it involved a city officer the local sheriff's office was asked to help with the crash.