State v. Crawford

McGEE, Judge.

On appeal, the State argues the deputy had probable cause to arrest the defendant and that exigent circumstances justified defendant’s warrantless arrest. We agree and reverse the order of the trial court.

To be guilty of driving while impaired, a person must drive a vehicle upon a highway, street, or public vehicular area within this State while under the influence of an impairing substance or after having consumed sufficient alcohol to have a blood alcohol concentration of .08 or more at any relevant time after driving. N.C. Gen. Stat. § 20-138.1(a) (1993). The determinative…