Our experienced attorneys at Jetton & Meredith, PLLC understand that getting a DUI/DWI can be a frightening experience, especially if you don’t know your rights under the law. If you have never interacted with law enforcement officers before and suddenly find yourself facing an arrest for DUI/DWI, then you likely have a few legal questions. Keep reading to get answers to common questions our clients ask us when they are arrested for DUI/DWI.
Question #1: Do I have to take a breathalyzer test?
A: In North Carolina, licensed drivers give implicit consent to drug and alcohol testing whenever they are operating a motor vehicle. You have the right to refuse a request for a breathalyzer test from an officer. However, if you refuse the post-arrest breath analysis test, your driver’s license will be automatically suspended by North Carolina DMV. You can request a hearing to stay or prevent the revocation of your license.
Question #2: What should I do if police ask questions that seem to suggest I was drunk driving?
A: If you are pulled over by police and they ask if you have been drinking or how much you have had to drink, remember, you have the right to remain silent. Be polite, but firmly tell the officer you are choosing not to answer any questions until you can speak to your attorney.
Question #3: What are the penalties for a DUI/DWI conviction?
A: If you are arrested for DUI/DWI in most cases you will receive a 30-day pre-trial suspension of your driver’s license. If you are convicted of a DUI/DWI, the severity of your sentence will depend on whether there are aggravating or mitigating factors in your case. The maximum jail sentence a judge can enforce for a DUI/DWI in North Carolina is 36 months.
Question #4: How do I defend against DUI/DWI charges?
A: Although it can be scary facing these charges, the state still must prove its case against you. This means the state must show that there was in fact alcohol in your system and that the presence of alcohol substantially impaired your ability to operate a vehicle. Our lawyers are familiar with the legal strategies that produce successful results in these types of cases, so don’t hesitate to consult with us today to discuss your options.
Do you have more questions for our lawyers about your DUI/DWI case? Then please call us today at (704) 931-5535 to request your case consultation so we can discuss the charges against you.