What Should I Do if I Am Arrested for DWI Over the Holidays?

 Posted on December 14, 2023 in Criminal Defense

The holiday season is a time of joy and celebration, but it can also be a time when people make poor decisions. Drunk driving is one such decision that can have serious consequences. If you are arrested and charged with driving while impaired (DWI) during the holidays, it is important to know what steps to take to protect your rights. An experienced attorney can provide legal representation when addressing DWI charges, helping you determine how to defend against a conviction and minimize the ways your life will be affected.

When you are pulled over on suspicion of drunk driving, you should:

1. Stay Calm and Cooperate

During a DWI traffic stop, it is crucial to remain calm and cooperate with police officers. Avoid any confrontations or arguments, as these actions will only escalate the situation further. You can provide your identification documents when requested and answer basic questions about your identity. This can help you avoid any misunderstandings.

2. Understand Your Rights

You have the right to remain silent, and you are not required to give a police officer any information that could potentially be incriminating. You can exercise this right by informing an officer that you decline to answer any questions about whether you have been drinking or engaging in any other potentially illegal activities.

While an officer may ask you to take a roadside breathalyzer test or step out of your vehicle and perform field sobriety tests, you can decline to do so. These tests are used to determine whether an officer has probable cause to perform an arrest for DWI, and agreeing to take these tests will provide evidence that could potentially be used against you.

3. Understand the Consequences

Being arrested for DWI during the holidays can have severe consequences that extend beyond legal penalties. In North Carolina, a first-time DWI offense is typically charged as a misdemeanor, and depending on the circumstances of the case, a conviction may result in penalties such as fines, a driver’s license revocation for at least one year, jail time of at least 24 hours and up to 60 or 120 days. Even if you are not convicted of DWI, you will face a one-year driver’s license suspension if you refuse to take a chemical blood alcohol test after being arrested and taken to a police station.

In addition to these immediate consequences, a DWI conviction can also have long-term effects on your personal and professional life. It may impact your employment opportunities, increase your auto insurance premiums, or result in the loss of certain professional licenses.

4. Contact an Experienced DWI Attorney

As soon as possible after your arrest, you will want to reach out to a skilled DWI attorney. Your lawyer will guide you through every step of the legal process and provide advice on how to protect your rights and defend against DWI charges.

An experienced attorney will review all aspects of your arrest, including police procedures, breathalyzer tests, field sobriety tests, and other evidence gathered by law enforcement officers. They will work diligently towards building a strong defense strategy on your behalf.

5. Gather Evidence

Your attorney will work with you to gather evidence that supports your defense against the DWI charges. This may include obtaining witness statements, reviewing surveillance footage if available, challenging breathalyzer test results or field sobriety tests conducted by law enforcement officers, and providing any other details to counter the claims that you were driving under the influence of alcohol.

6. Explore Possible Defenses

An experienced DWI attorney will explore all possible defenses based on the specific circumstances of your case. They may challenge the legality of the traffic stop itself or question whether there was probable cause to perform an arrest. Your attorney may also examine whether proper procedures were followed during any chemical testing performed at the time of arrest. They may also negotiate with prosecutors to determine whether charges can be dismissed or reduced, and they will advise you on whether it may be beneficial to accept a plea bargain or defend yourself in a criminal trial.

Contact Our Smithfield DWI Defense Lawyers

If you have been arrested for DWI over the holidays, the experienced team at Vasquez Law Firm, PLLC can provide you with effective legal representation. We understand how stressful and overwhelming this situation can be, and we are here to help. Our skilled Johnston County DWI attorneys will provide you with a free consultation, and we will listen to the details of your case and explain your legal options. We will fight to protect your rights, minimize the potential consequences, and work towards achieving the best possible outcome for you. Contact us at 1-844-YO-PELEO to set up an appointment.

Sources:

https://www.ncdps.gov/our-organization/law-enforcement/state-highway-patrol/laws/driving-alcohol

https://www.ncdot.gov/dmv/license-id/license-suspension/Pages/driving-while-impaired.aspx