Don't let your lack of understanding regarding your rights get you in more hot water than necessary. No matter what the circumstances are surrounding a DUI arrest, an experienced DUI attorney in Charlotte, N.C. can help you understand your rights and how they affect your outcome.
Does an arresting officer have to read me my rights if I'm pulled for DUI?
Oral or written statements made after an arrest and in response to an officer’s questions, are protected by Miranda rights under the Fifth Amendment. But in North Carolina, officers frequently do not read Miranda rights at the time of a DUI arrest, so defendants often don't know their rights.
Although the lack of a Miranda warning typically doesn't result in charges being dismissed, if there is little in the way of other evidence it could make the difference between being found guilty or not guilty.
Do I have the right to speak to a DUI attorney before submitting to testing?
Yes. In North Carolina, you have the right to consult with an attorney before being tested. Once you are notified of this right, you have 30 minutes to find and contact a DUI attorney.
If I blow under the legal limit, can I still be arrested?
In North Carolina, you can still be charged with a DUI, even if you test below the legal limit. This means that even though you weren’t legally drunk, it could be determined that you didn't possess the physical and mental capacities needed to drive in a safe manner.
Since this type of arrest relies on a subjective assessment, there are a range of defenses you can use to fight the charge. If you are arrested for DUI in North Carolina and were under the legal limit, you need a DUI attorney to help you navigate the process.
If I'm stopped for another issue, can I still be charged with a DUI?
As long as the reason for stopping you is legitimate, it doesn't matter if you get charged for DUI as the result of being pulled over for something else. Courts have consistently held that routine traffic stops establish probable cause for charging you with a DUI.
What tests am I required to take if I'm pulled over for DUI?
There are two types of DUI tests: field sobriety tests and chemical analysis tests. Field sobriety tests are designed to determine how well you have control of your physical and mental capacities. The more of these tests you fail, the greater the evidence that you are impaired. Chemical analysis tests like a breathalyzer, urine sample, or blood sample are used to determine the amount of alcohol in your system.
In North Carolina, you can refuse to take any of these tests. BUT. By taking a field sobriety test, you can show that you are sober, which is good, or show that you are more impaired than originally thought, which can make things worse! Chemical analysis tests are different. When you got your North Carolina driver's license, you gave implied consent that if you refuse a chemical analysis, your license can be immediately revoked and you could face additional charges.
Know your rights and know who to call if you or someone you know is arrested for DUI in Charlotte or the surrounding area. Count on the Law Offices of Jason H. Reece to answer your questions and guide you to the best possible outcome. Contact us today and let us give you the representation you deserve.