With Halloween being a few weeks away it is important to not only plan your costume, but plan transportation back from the party. While we all know that the easiest way to avoid a DWI in North Carolina is to not drive after drinking, some people decide to risk it and get behind the wheel. With this in mind, here are some tips to avoiding a DUI/DWI if you get pulled over:
While this may be easier said than done, it is important that you try to keep your cool and to not panic. Acting panicked will only give the officer more reason to suspect you of drinking and driving, while being relaxed will allow you to interact sensibly with the officer.
Some officers may come off as agressive and not friendly, yet this should not stop you from being polite and courteous at all times. If you assert your rights, you should not be argumentative or disrespectful. Officers will make note of your behavior in their reports so being cooperative will be beneficial.
One of the first questions a police officer, suspecting you of drinking and driving, will ask you is “Have you been drinking?” Or, the officer may ask where you were coming from. While you may believe that answering the question honeslty will be rewarded, chances are it will only hurt you. Instead of answering the question with a “yes” or “no,” you can simply state that your lawyer has instructed you to deny answering police questions of this kind. You cannot be forced to answer this question.
In many cases, even after you have denied or refused the officer’s questions, the officer will ask you to step out of the car. If he states that you must do this, calmly get out of the car, avoiding any falls, trips, or stumbles (ideally). While the officer may not give you the option, you can deny participating in these tests — It is your responsibilty to know this. Be both firm and respectful in your refusal.
Refusing to take the breath test will result in an immediate suspension of your licence. However, if you have been drinking it is best to have your license suspended for the year than to have a criminal record, right? Yet, you should keep in mind that refusing the test does not mean that you wont be found guilty of a DWI. Even though the state does not have proof that your Blood Alcohol Content was over .08%, it may be argued that you refused the test because you knew you were over the legal limit and therefore guilty of a DWI.
Being pulled over for a DWI is very common, nationwide. Most people will immediatly hire a lawyer to fight the charges. There are a variety of reasons a DWI case can be tossed out in court, from the report to unjust measures taken at the scene, and everything in between. If you end up with a DWI charge, contact The Law Corner at 919-424-8319 for a FREE consultation and case evaluation. Knowing your options is key to making the best decisions after an unfortunate event like a DWI.