How to beat a DWI in Union County NC
The best way to have a fighting chance 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. Trying to pass field sobriety tests even when sober is like trying to win a prize at the carnival- borderline impossible.
What are my rights if pulled for DWI?
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What should I do if pulled over?
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 failure 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.
Be prepared to answer the following questions
- Where are you coming from?
- Where are you going?
- Have you been drinking tonight?
You may refuse to answer any questions
Admitting to drinking will be used against you. The next thing you can expect is the officer shining a light in your eyes to check if they are red shot and glassy. The officer 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 Gage Nystagmus. At this point you should politely inform the officer you are refusing any and all tests.
You may refuse DWI field sobriety tests
Most people assume that if the police ask you to do something you have to do it- Wrong! Another common misconception is that you can’t refuse DWI filed sobriety 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 of field sobriety tests can be an indicator of a "guilty conscience". If they have probable cause to arrest and you refuse to blow into the Intoxilyzer downtown or in the portable BAT mobile then you may be subject to a one (1) year civil revocation of your license.
Should I blow if I get pulled over?
As stated above blowing into the handheld Breathalyzer at the scene is usually a mistake. The full size intoxilyzer machine downtown is a more complicated matter. Clients often ask if they should blow downtown if they have been arrested for driving while intoxicated. This is a difficult question to answer as there is the possibility of a one (1) year civil revocation penalty if you refuse to blow downtown and there was probably cause for your arrest. But always remember you can and should call a witness and you have 30 minutes to wait for their arrival. 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. That could result in the worst case scenario- convicted of DWI and not even eligible for a limited driving permit.
Remember the best way to beat a DWI is to never drink and drive. With the rise of Uber as an cheap alternative to taxi cabs law enforcement has become extra vigilant in catching the select few willing to roll the dice.
Remember the best way to beat a DWI is to never drink and drive. With the rise of Uber as an cheap alternative to taxi cabs law enforcement has become extra vigilant in catching the select few willing to roll the dice.