The Severe Consequences Of Driving While Impaired
Being arrested on suspicion of driving while intoxicated in the state of North Carolina is a serious matter. You will be forced to spend the night in jail and have to pay to hire the services of knowledgeable attorney. A conviction would create the onset of an entirely different and long list of expenses and problems, both socially and professionally.
At Harbinson & Brzykcy, Attorneys at Law, in Alexander County, we understand that the entire ordeal of a DWI arrest is harrowing enough. We are strong advocates for the rights of our clients. We are not here to judge anyone.
Millions of decent, hardworking Americans have been arrested after engaging in leisure activities they’ve enjoyed throughout their lives, such as sipping a decades-old scotch with dinner at a steakhouse, or popping open a bottle of Champagne at happy hour with colleagues to celebrate a lucrative new business deal, among others.
But just like any other charge in the criminal justice system, the state must prove beyond reasonable doubt your guilt in a DWI case. An arrest is not the same as a conviction. When we work with you, we do not have to prove your innocence. The prosecutor must prove your guilt.
While the maximum allowable level of blood alcohol content (BAC) varies nominally from state to state throughout the country, the legal limit in North Carolina is .08%. However, an individual may face a conviction on a DWI charge, even if BAC registers less than the standard. BAC is deemed under our laws to be merely one “indicator” of whether a driver was impaired at the time of an arrest. When you visit our office for an initial consultation, we will further discuss this component of DWI law, as well as any other areas of concern on your mind.
When You Are Stopped Due To Reasonable Suspicion Of DWI
You have the right to remain silent if you are pulled over and questioned by a police officer in Alexander County about whether you consumed any alcohol before driving. You are under no obligation to tell law enforcement where you are coming from, where you are going or what you did that night.
Furthermore, you cannot be forced to perform any roadside sobriety tests such as counting backward from 10, reciting the alphabet, walking a straight line or following the tip of a pen with your eyeballs. If requested to do so, you have the right to refuse politely.
If cited for DWI, your words and actions during that roadside stop can be used against you in court. This is also why it is imperative to remain courteous and respectful to the police officer who stops you. The arresting officer will note any signs of agitation, anger or disorientation. This might be used as evidence of your impairment.
The criminal defense attorneys at Harbinson & Brzykcy, Attorneys at Law strenuously encourage all of their clients to always remain as deferential toward police officers as possible. Any confrontational or belligerent actions will only exacerbate what is already a tense situation.
While you may refuse to submit to a breath test in the field, the law enforcement personnel can still demand a blood test, especially when an accident has occurred and/or someone was injured. Even when refusing a breath test is your right, it could result in a one-year suspension of your driver’s license and ineligibility for the state’s limited driving privilege. Said privilege otherwise would allow you to drive to and from work for the first six months of that suspension.
Although our wishes are that no client faces a DWI charge, we hope you will contact us without delay if you find yourself in that circumstance. It is always best to begin building your defense as quickly as possible.
Contact Us To Learn How We Can Defend Your Rights
There are many other components to DWI arrests in the state of North Carolina. Call Harbinson & Brzykcy, Attorneys at Law, to answer any questions you may have. Make an appointment at 828-600-7462 or leave your contact information and a brief description of your legal matter in our online intake form. We accept credit cards.