If you’ve been arrested in North Carolina, you could face severe penalties. It is essential that you take the correct steps to ensure the best possible outcome during your trial. Our Concord DWI Attorneys can set you on the right path.
Don’t Speak to the Police
You’ve likely seen heard the words “You have a right to remain silent” in the movies. During this frightening time, remember that you can be polite and cooperate with the police but you are not legally obligated to answer their questions. Doing so could further implicate you have committed a DWI offense. After you’ve been arrested, the best course of action is to wait until your lawyer arrives before speaking to the police.
Decide which Chemical Test to Take
Once you’ve arrived at the station, you are required to take a chemical test. In the state of North Carolina, under the North Carolina General Statutes §20-16.2(a), any person who drives a vehicle on a highway or public vehicular area gives consent to chemical analysis. You have the option to choose a breath test or a blood test.
When you drink your blood alcohol concentration (BAC) rises and continues to rise for a small amount of time after you’ve stopped drinking. According to Forcon forensic consulting, most people eliminate alcohol at a median rate of 13 milligrams per cent an hour. Considering when you last drank alcohol should be deciding factor when you choose which chemical test to take.
Breath Test: If you decide to take a breath test, the officer will ask you to blow twice into the machine. Asking you to blow twice is a way to make sure there wasn’t an error with the machine. Breathe tests are performed usually within 15 minutes of arriving at the station. If a driver chooses a breath test, there are number of ways our attorneys could attack this evidence. For example, the machines must be accurately calibrated every 10 days or every 150 tests. Additionally, the officer has to be qualify to perform the calibration tests, and often few are.
Blood Test: If you’ve chosen to take a blood test it may take up to an hour before the proper medical professionals are available to perform a blood test. During this time, your body will continue to eliminate the alcohol from your system. When the phlebotomist draws your blood, they give one sample to the state and one sample to you. When you hire a Concord DWI attorney, they are able to have your blood tested by a third party laboratory. If the samples tested by the state and by our labs are different, we can build a defense against the validity of the blood sample.
Regardless of which chemical test you choose, our attorneys are well-versed in challenging DWI evidence.
After you’ve been arrested, depending on the severity of the DWI you may or may not be required to post bail. If you are unable to post bail, a bail bondmen can post for you as long as you are able pay a smaller upfront fee. Their fee can be expensive but may be less expensive than posting bail.
Request a DMV Hearing
In North Carolina, you have 10 days (including weekends and holidays) to request a DMV hearing. During this time, a judge will decide whether or not you are able to keep your license. If this is your first offense, you are more likely to be able to keep your license. Keep in mind that when you’re charged with a DWI, your license is generally revoked for 30 days. If your blood alcohol levels are .15 or below at the time of arrest, you may request to have limited driving privileges after 10 days. Limited driving privileges usually only allow the driver to go to and from work and/or school.
Hire a Concord DWI Attorney
If you’ve been arrested on DUI charges, you need to seek qualified legal counsel. Our Concord DWI attorney is available day and night to help you build the best defense possible at your trial.
If you’ve been arrested for a DWI, contact us today.