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DWI FAQs

THE QUESTION

What do I say when I’m pulled over for a DWI/DUI in Charlotte (Mecklenburg) North Carolina?

THE ANSWER

First, you have the right to remain silent. You don’t have to answer any questions that the officer asks you about drinking or your other activities that evening. Any statements you make to the officer are sure to be used against you in court at a later time. Secondly, be polite. Erratic or emotional behavior is a sign of impairment that can be used against you in court. Additionally the officer you are speaking with is a hard-working professional who deserves courteous responses.

THE QUESTION

Do I have to perform the field sobriety tests when I’m pulled over for Drinking and Driving in North Carolina?

THE ANSWER

You are under no obligation to perform field sobriety tests. In fact, any mistakes you make on the tests (called Standardized Field Sobriety Tests) will be used against you in court. These tests can also be used to establish “Probable Cause” to arrest you.

THE QUESTION

Can I refuse the roadside alcohol test when I’m stopped for a Driving While Impaired (DWI) in North Carolina?

THE ANSWER

You are under no obligation to perform the roadside test for alcohol. You are free to refuse it just as you are free to refuse the other roadside tests. The result of that roadside alcohol test can be used against you in court to establish Probable Cause for arrest and to establish the presence of alcohol in your system, however the exact reading is not admissible.

THE QUESTION

Can I refuse to “blow” at the station when I’m arrested for a North Carolina DWI/DUI?

THE ANSWER

You may refuse the breath test in North Carolina DWI arrests. However, there are some consequences to that decision.
The first thing to note is that the officer can still demand a blood test. An officer will frequently do that if there’s been an accident, or an injury.
The second factor to note is that without an alcohol reading it is often much more difficult for the state to prove the case against you. With that in mind you should also know that the court can consider your refusal of the test as an adverse factor in determining your guilt.
The North Carolina DMV will suspend a driver’s license for one year for refusing the breath test. The driver will also not be eligible for a “limited driving privilege” to drive to and from work for the first six months of that suspension.

THE QUESTION

Is a video made of my arrest for an NC DWI?

THE ANSWER

Frequently there is video available from the officer’s car and from the breath testing room. It is important to retain an experienced Charlotte DWI/DUI attorney immediately to prevent the destruction of the video which may aid in your defense.

THE QUESTION

When in this process should I call a friend?

THE ANSWER

You should contact a friend or family member as early and as often as possible. It is in your best interest to have independent witnesses who are not law enforcement to witness your conduct.

THE QUESTION

I was cited with a North Carolina DWI/DUI in Charlotte on Friday or Saturday night. What should I be doing on Monday morning?

THE ANSWER

You need to set up an appointment with a Charlotte NC DWI/DUI attorney as soon as possible. An Charlotte DWI attorney from Rosensteel Fleishman will be ready to answer your questions and review your case.
At Rosensteel Fleishman we know that you will have a multitude of questions and concerns regarding jail, fines, NC insurance and your NC driver’s license. You need to have those questions answered as soon as possible for your own peace of mind.
Additionally there is evidence to be gathered and the possibility of a NC limited driving privilege. Time is of the essence on these matters.

In all Charlotte DWI/DUI cases we will let you know your cost up front – with no surprises. That is our promise to you.  At Rosensteel Fleishman, PLLC we frequently work with both in state and out of state clients.  For our clients’ convenience we accept payment over the phone with Visa or MasterCard.

Call (704) 714-1450 to make an appointment to speak with a Charlotte DWI attorney, or stop by the office during regular business hours. We will schedule an appointment that meets your needs.

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