Wednesday, June 24, 2015

Getting Stopped for DWI

Traffic enforcement officials must have a reason for pulling you over, such as a traffic law violation. This can include many possibilities such as speeding, failure to come to a complete stop, a faulty taillight, but they may also pull you over with a reasonable suspicion of driving while intoxicated (DWI), such as erratic lane changing, weaving or crossing the yellow line.

If the officer believes that you may have been drinking, he will ask you certain questions to confirm or dispel his suspicion. Depending upon your response, the officer may ask you more invasive questions to determine your level of intoxication. However, it is well within your right to refuse to answer such questions. You may even refuse any tests they require you to undergo, such as field sobriety tests, portable breath tests, etc. However, keep in mind that this may be used as evidence against you.

If you refuse a breathalyzer test in the state of North Carolina, your driver’s license may be automatically revoked for one year. North Carolina is an “implied consent” state, meaning that your driving privileges automatically come with your consent to submit to a breathalyzer test.

Keep in mind that when you refuse to answer questions and take tests, you need to do so in a respectful and courteous manner. You don’t want to aggravate your case and be arrested for something else which happens far too often.

To learn more about implied consent and your rights on the road, talk to an experienced DWI lawyer.

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