DRINKING AND DRIVING PRACTICE |
Download and/or print: "DUI / DWI: What You Should Know"
This is a quick look at some key areas of law invloving DUI/DWI law of which you should be aware.
1. Was there a Valid Traffic Stop?
- Was there reasonable suspicion to conduct a motor vehicle stop?
- North Carolina law requires an officer of the law to have a “reasonable
suspicion based on specific and articulable facts” before making a motor
vehicle stop. If the stop is invalid then everything after the stop
is also invalid as fruit of the poisonous tree.
2. Is there Probable Cause to Arrest for DWI/DUI?
- An officer must find Probable Cause to Arrest an individual for a
DWI /DUI. Probable Cause may be reached by a number of different scenarios.
Evidence is gathered by observation, performing field sobriety tests,
roadside breath tests or Alkasensor tests. If there is not probable
cause to arrest then any evidence gathered after this point is excluded.
3. Do I have to Blow on the Roadside?
- No. A roadside breath test is generally called an Alkasensor. There
is no law requiring an individual to submit to a roadside breath test.
The individual is in no danger of losing a license to drive or undergoing
suspension of a drivers license for respectfully declining a roadside
breath test. Remember, one way to obtain probable cause to arrest for
DWI/DUI is a positive reading on a roadside breath test.
4. Do I have to Blow at the Station?
- No, but there will be consequences for not blowing at the station.
DWI/DUI’s are called implied consent offenses. If you do not consent
to a breath test at the station you automatically forfeit your license
for one year. This is before any determination is made by the courts
as to guilt or innocence. There are special circumstances when an individual
may not willfully refuse but be unable to complete the breath test at
the station. You only have 10 days to dispute a willful refusal so you
should act quickly.
5. Can I Drive Before my Court Date?
- Yes, but there are special rules around when you may receive your
license and limited privileges for which you may apply before your court
date. An attorney will be able to guide you in this area.
6. Can I Keep Driving if I am Convicted?
- Limited Driving Privilege: The short answer is in many cases, YES.
This depends on how many DWI/DUI’s in your past that resulted in convictions
and the level of your blood alcohol reading. An attorney will be able
to prepare a limited driving privilege for you in case of conviction
so that you keep driving.
Everyone should know there rights when dealing with this complicated area of the law. North Carolina has a no tolerance policy when prosecuting drinking and driving cases.
It is important to sit down with an attorney and go over every phase of the stop, arrest, roadside test, and chemical analysis. Contact the Firm.
 The McIntyre Law Firm may be able to help with
your situation. To set up an initial consultation call us today
at 704-259-7040. You can also contact us through
the website. Tell us about your legal problem and a McIntyre Law
Firm professional will contact you shortly. |
|
 Greg McIntyre started the firm and practices law to help the people of North Carolina. |