DWI myths in NC
1. Myth: I cannot refuse the field sobriety tests.
Fact: You can and should refuse ALL field sobriety tests.
2. Myth: If I refuse any field sobriety tests I will automatically lose my license.
Fact: Your license may only be revoked for refusing to blow into the full size Intoxilizer machine downtown or in the BAT mobile, not the portable handheld alco-sensor officers carry in their vehicle.
3. Myth: I have to answer any question by an officer when pulled over.
Fact: You may refuse to answer any questions.
4. Myth: There is no chance to beat a DWI at trial.
Fact: The State must prove impairment beyond a reasonable doubt, which is a high burden of proof.
5. Myth: I can pass the field sobriety tests.
Fact: The field sobriety tests are very subjective and often create probable cause to arrest.
6. Myth: My lawyer will be able to get my DWI reduced to a lesser charge.
Fact: The days of a DWI being reduced to reckless driving ended over 20 years ago.
7. Myth: I won’t be able to drive for one (1) year if I am convicted of DWI.
Fact: Although a DWI conviction suspends a license for at least one (1) year, most first time offenders are eligible for a NC limited driving permit.
8. Myth: If I blew under 0.08 then my case will be dismissed.
Fact: Convictions have occurred when people blew well under 0.08 especially in Mecklenburg county or if the DWI resulted in an accident.
9. Myth: A DWI is a felony.
Fact: A DWI is a misdemeanor, but has its own NC DWI punishment levels, unless you are charged with Felony Habitual DWI.
10. Myth: If I am guilty I should just go to Court and ask for leniency.
Fact: You should never enter the courtroom without an attorney. A first time offender who had a passenger under 18 years old is considered Level 1 and looking at a minimum of 30 days in jail. If you can’t afford an attorney the Court will appoint one for you.
Fact: You can and should refuse ALL field sobriety tests.
2. Myth: If I refuse any field sobriety tests I will automatically lose my license.
Fact: Your license may only be revoked for refusing to blow into the full size Intoxilizer machine downtown or in the BAT mobile, not the portable handheld alco-sensor officers carry in their vehicle.
3. Myth: I have to answer any question by an officer when pulled over.
Fact: You may refuse to answer any questions.
4. Myth: There is no chance to beat a DWI at trial.
Fact: The State must prove impairment beyond a reasonable doubt, which is a high burden of proof.
5. Myth: I can pass the field sobriety tests.
Fact: The field sobriety tests are very subjective and often create probable cause to arrest.
6. Myth: My lawyer will be able to get my DWI reduced to a lesser charge.
Fact: The days of a DWI being reduced to reckless driving ended over 20 years ago.
7. Myth: I won’t be able to drive for one (1) year if I am convicted of DWI.
Fact: Although a DWI conviction suspends a license for at least one (1) year, most first time offenders are eligible for a NC limited driving permit.
8. Myth: If I blew under 0.08 then my case will be dismissed.
Fact: Convictions have occurred when people blew well under 0.08 especially in Mecklenburg county or if the DWI resulted in an accident.
9. Myth: A DWI is a felony.
Fact: A DWI is a misdemeanor, but has its own NC DWI punishment levels, unless you are charged with Felony Habitual DWI.
10. Myth: If I am guilty I should just go to Court and ask for leniency.
Fact: You should never enter the courtroom without an attorney. A first time offender who had a passenger under 18 years old is considered Level 1 and looking at a minimum of 30 days in jail. If you can’t afford an attorney the Court will appoint one for you.
