DWI information that all NC drivers should know

If you are a first time DWI or DUI offender you may be eligible for a limited privilege after 10 days of your arrest, before trial, and may be eligible for a limited driving privilege on the date of conviction.

We work with our clients to obtain limited driving privileges, which include driving to work, business related driving, delivery and pick-up of children from school, and driving to medical appointments. Our DWI / DUI defense lawyers analyze each time frame in the DWI case: the traffic stop, the road side and post arrest tests, and the arrest. This assists the client by determining whether there is a chance to get the case dismissed or the charges reduced.

Help! I’ve been stopped for DWI

  1. Be polite to the officer
  2. Have your driving documentation ready
  3. Provide your Name and Address – Nothing More
  4. Respectfully decline the field sobriety test. Ask for a breath or blood test
  5. If charged, call our office!

There are usually 2 theories under which a prosecutor may apply when dealing with a DWI defendant:
1) 0.08 or higher on the breath or blood test (statutory)
2) the officers testimony/opinion–this means that the officer based his opinion on the totality of circumstances on the driving habits, appearance, ability to perform field sobriety test, and any other observations by the officer that indicates that the driver was impaired. That is why a conviction is possible for driving under the influence of other substances than alcoholPolice_Car_Lights

Having over 16 years in the law enforcement arena, I encourage all individuals to BE POLITE to law enforcement officers if stopped. Produce requested Documents. Do not answer any questions other than your name and address. Politely decline to do field sobriety tests. Consent to take a breath or blood test, do not take a handheld breath test.  However, if you refuse to submit to the breath test after arrest at the jail or police department, your license may be suspended for a year.

The Constitution provides you with the right to remain silent. With that said, exercise it politely. Do not apologize or admit to anything, nervousness is expected, but what you say may hurt your defense or be taken out of context by the officer.

CHARGED…What do I do now?
Call our office at (910) 397-7979 and schedule an appointment to discuss your case with an attorney. The final disposition of a DWI charge may take months. Thus, I encourage you write down what happened prior to and during the arrest process. Do this as soon as you can after the arrest. Write down any statements you made to the officer, any statements the officer made to you, what you ate and had to drink that day, if you were taking any prescribed medications. Do not discuss your case with anyone other than your attorney (remember to exercise your right politely.)

Drinking_And_DrivingIn order to obtain a pretrial limited driving privilege you must have completed an alcohol assessment and have a DL123 form (proof of insurance) from your insurance company and 10 days must have passed since the date of the arrest. This pretrial limited driving privilege is valid for 20 days. Thirty days after the date of the offense, you can pay one-hundred dollars to the criminal clerk’s office and receive your license back.