How to beat a DWI in Mecklenburg County
|
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- much harder than it appears.
So what are your rights? 1. You have the right to not answer questions. 2. You have the right to refuse all sobriety tests. |
An all too common misconception is that you can’t refuse field sobriety tests or that if you refuse to blow into the hand-held portable alco-sensor you will lose your license. FACT: Refusing field sobriety tests will NOT revoke your license. If they have probable cause to arrest and you refuse to blow into the full size Intoxilizer machine downtown or in the mobile BAT mobile then you may be subject to a one (1) year civil revocation of your license.
I am often asked by clients if they should blow 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. Another consideration is what level DWI you would be based on prior convictions. 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.
Don’t forget the only sure way to beat a DWI is to never drink and drive.
I am often asked by clients if they should blow 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. Another consideration is what level DWI you would be based on prior convictions. 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.
Don’t forget the only sure way to beat a DWI is to never drink and drive.