How to beat a DWI in Monroe NC
The best way to have a chance to beat a DWI is to know your rights. Exercise your right not to make incriminating statements. Always have your license and registration easily accessible whenever you are driving because that is usually the first request when pulled over. Understand that saying you only had a “couple drinks” is what everyone says and leads to more questions and field sobriety tests.
Finally realize that videos on YouTube where people refuse to roll down their windows and answer any questions when going through a checkpoint is only asking for more scrutiny. That being said, you need to assert your rights against self incrimination by admitting to drinking or trying to pass field sobriety tests which are highly subjective. |
What are your rights if pulled over for DWI?
1. You have the right to not answer questions.
2. You have the right to refuse all sobriety tests.
2. You have the right to refuse all sobriety tests.
What should you do if pulled over for DWI?
Have you license and registration readily available at all times to the hand to the officer. The officer has been trained to ask you for two things at once. This is called a divided attention test and the inability to produce both, fumbling to produce both, or failing to answer compound questions accurately and quickly enough are clues of impairment. Do not have gum or mints in your mouth as they are seen as a clue that you are trying to mask the smell of alcohol.
The common misconception is that you can’t refuse these tests or that if you refuse to blow into the portable alco-sensor you will lose your license. FACT: Refusing field sobriety tests won't revoke your license. That being said refusal may be an indication of a "guilty conscience". If they have probable cause to arrest and you refuse to blow into the Intoxilizer downtown or in the portable BAT mobile (mobile police lab) then you may be subject to a one (1) year civil revocation by the DMV of your license.
A common question by clients is should they blow in the Interlock machine downtown. This is a difficult question to answer as there is the one (1) year civil revocation penalty that may result by refusal, not to mention refusing to blow downtown may be used against you in Court. But always remember you can and should call a witness and have 30 minutes to wait before they arrive. You should always exercise this right as it gives your body an extra 30 minutes to process any alcohol. Also be aware that if you refuse to blow a magistrate may order a blood sample taken without your consent.
With DWI penalties in NC becoming more and more harsh the best approach is never to drink and drive.
- Be prepared for the following questions:
Where are you coming from?
Where are you going?
Have you been drinking tonight? - Understand you may legally refuse to answer any questions you wish and admitting to drinking will be potential evidence against you.
- If the officer asks you to step out of the car you must. Do not put your hands on the car or lean on anything as this is a sign of impairment.
- The next thing you can expect is the officer shining a light in your eyes to check if they are red shot. They may even ask you to follow a light with your eyes. This is one of several NC field sobriety tests called the HGN or Horizontal Nystagmus Test. At this stage you should politely tell the officer you are refusing any tests.
- If they ask you to count backwards- YOU SHOULD REFUSE.
- If they ask you to walk a straight line- YOU SHOULD REFUSE.
- If they ask you to stand on one leg- YOU SHOULD REFUSE.
- If they ask you to blow into a portable alcohol sensor. YOU SHOULD REFUSE.
The common misconception is that you can’t refuse these tests or that if you refuse to blow into the portable alco-sensor you will lose your license. FACT: Refusing field sobriety tests won't revoke your license. That being said refusal may be an indication of a "guilty conscience". If they have probable cause to arrest and you refuse to blow into the Intoxilizer downtown or in the portable BAT mobile (mobile police lab) then you may be subject to a one (1) year civil revocation by the DMV of your license.
A common question by clients is should they blow in the Interlock machine downtown. This is a difficult question to answer as there is the one (1) year civil revocation penalty that may result by refusal, not to mention refusing to blow downtown may be used against you in Court. But always remember you can and should call a witness and have 30 minutes to wait before they arrive. You should always exercise this right as it gives your body an extra 30 minutes to process any alcohol. Also be aware that if you refuse to blow a magistrate may order a blood sample taken without your consent.
With DWI penalties in NC becoming more and more harsh the best approach is never to drink and drive.