While we all know that driving and drinking just don't mix, it's inevitable that some of us will end up having to take a breathalyzer. Knowing your rights, and consulting a reputable DWI lawyer, will give you the best chance to minimize the damage. Here's how you can spend half an hour and minimize the damage of a DWI charge.
Did you know that you have a 30-minute window for delaying that breathalyzer and maybe changing the outcome of the DWI charges? You won't need a lawyer for this one, just a witness. In North Carolina, when you are suspected of drinking and driving, you will most likely be asked to take a breathalyzer test. By law, N.C.G.S.A. §20-16.2 (a)(6)(2011), you have the right to request a witness. But remember, you have 30 minutes to get them there.
The timer begins as soon as you make your first phone call, so your best bet is to think of a witness that will most likely answer your call. Just keep in mind the clock is ticking, and the officer will start the breathalyzer in 30 minutes on the dot. Your right to a witness means they can observe the setup of the breathalyzer machine and the test itself. If they get there in time, your witness can watch the calibration, and make sure that the two tests are given within five minutes, and the results are within .02 of each other.
The witness may be questioned in court about your behavior and speech, so make sure you and your witness talk and interact as much as possible. In the end, if the court finds that your 30-minute window was denied, the test was conducted improperly, or some other compelling information, the test results could be excluded. Taking advantage of this little-known law and contacting a proven DUI attorney like Jason Reece could make all the difference.
