Getting pulled over for possible impaired driving in Raleigh can affect your life as you know it. These charges come with harsh penalties, like jail time, fines, and a suspended license. Whether you were enjoying a night out in Glenwood South or were stopped at a driving while intoxicated (DWI) checkpoint along Hillsborough Street after an NC State game, you must be aware of your rights and know that a Raleigh DWI lawyer can defend you and protect your future.
Granados Law Group: Coming to Your Defense in a DWI Case
At Granados Law Group, we are here to make a vital difference in your DWI case. For years, we have been fighting to protect the rights of folks who have been pulled over and arrested for driving while impaired. Our team is well-versed in the complexities of North Carolina laws pertaining to DWI incidents and knows how to build a personalized and detailed defense. You can trust us to come to your defense, whatever your DWI case might entail.
Understanding DWI Charges in Raleigh
DWI, or “driving while impaired,” refers to an incident in which an individual is operating a motorized vehicle on a public roadway with a breath or blood alcohol concentration (BAC) over the legal limit or while they are impaired by certain drugs. For individuals at or above the legal drinking age of 21, the standard BAC over the legal limit is 0.08% or higher. However, if you are under 21, you traditionally face a zero-tolerance policy.
It is also important to be aware that a DWI charge doesn’t always have to stem from an incident of drunk driving. Around 11.7 million people were found to have driven in 2021 while impaired by illicit drugs, such as marijuana or cocaine. If a police officer believes you are showing signs of driving impaired, they may request that you stop and submit to a breath or blood test.
These tests usually consist of the use of either breathalyzer machines or laboratory blood draws, which are used in order to determine your supposed level of impairment. However, keep in mind that these forms of equipment are known to malfunction and result in incorrect data, which can be used in your defense.
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Steps to Take When Pulled Over for a DWI
If you have been pulled over for a DWI in Raleigh, the most important thing to remember is not to panic. In the heat of the moment, this might feel impossible, but remaining calm can help you in the future. If you are pulled over and arrested for driving while impaired on any Wake County roads, it is crucial that you take the following steps:
- Do not attempt to flee. In 2023 alone, there were nearly 12,500 deaths due to drunk driving in the United States. In these situations, many drivers may be tempted to flee the scene before the police can arrive. This is illegal, even if no one is killed, and you can face worse charges if you attempt to do so. Instead, pull over and remain calm as the police do their jobs.
- You have the right to decline to perform any standardized field sobriety tests, or “SFSTs” like the Horizontal Gaze Nystagmus (HGN) test, the Walk and Turn, the One Leg Stand, or even a portable breath test on the side of the road. However, failure to perform these tests at the officer’s request could lead to a quick decision for the officer to arrest you for Driving While Impaired. It doesn’t take much to fail the SFSTs, and even minor mistakes can lead to an arrest decision. Bottom line, if you’re pretty drunk, it is better to refuse to take SFSTs, but if you think you might NOT be, it might be worth the risk if you think you might be able to successfully perform the SFSTs.
- Comply with the police. When the police ask you for your license and vehicle registration, provide them to them politely. You do maintain the right to avoid making any possible self-incriminating statements, but do what you can to ensure your compliance with the police, as this may help you in the future. Judges often ask police at sentencing hearings whether a defendant was “polite and cooperative” with them during their interaction, and they give great weight to the officer’s answers.
- Document the arrest. If you can, remember the time, location, and the reason the police told you they had for pulling you over. This may be able to help your attorney identify any police errors or inconsistencies when going to build your defense.
- Contact a lawyer. Remember that you have both the right to remain silent and the right to legal representation. It is important that you speak with an attorney before you give any kind of official statement to the police. The earlier you can get an attorney on your side, the better chance you have for a successful defense.
- In North Carolina, Driving While Impaired is an “Implied Consent” offense, meaning that when you got your license to drive, the fine print stated that if an officer should ask you to submit to a chemical analysis of your breath, you would do so. Your consent is implied through your acceptance of the privilege of having a driver’s license in North Carolina. If you decline to provide a sample of your breath upon request down at the station, then you may face an immediate, year-long suspension of your license. Even if you attempt to blow, but fail to provide a sufficient sample, you could be marked down as having “refused” the test, which can lead to a license suspension. In many counties in North Carolina, a person might refuse to take a breath test, only to find the officer seeking a warrant from a magistrate for permission to get a blood sample. In most cases, it is better to “blow” to avoid the negative license ramifications from refusing the breath test.
- Arrange bail. If you are arrested and taken into police custody, try to secure your release as soon as possible. First, another person’s observation of you during this time may become important later on at a pretrial motion or trial. Next, this can allow you to continue to work and care for yourself and your loved ones while your attorney prepares your official legal defense.
- Request all records of testing. You and your attorney typically work toward gathering all testing results from your DWI arrest. This can include any breath or blood test documentation, which may help reveal any mistakes made while evidence was being collected or reviewed. You also have the right to have a witness during any breath or blood testing, so when you’re given the opportunity, you should call someone trusted to come observe the testing. If the person is not allowed to come view the testing despite arriving within the 30-minute window of time, it might give rise to a motion to suppress the results of the testing.
Defending Raleigh DWI Charges
When you hire the team at Granados Law Group to help in a DWI case, we are here to review all evidence and pinpoint the correct strategy to use in your defense. The penalties can be high in these cases, not to mention the personal consequences you might face. Currently, the unemployment rate for individuals with a permanent criminal record, such as those resulting from a DWI conviction, is nearly 30%. Don’t let this happen to you.
Therefore, it is vital that you hire a lawyer who can identify how to correctly defend you and protect your future. The most common defenses for a DWI charge in Raleigh include:
- Questioning the validity of testing. In order to maintain consistency, breathalyzer machines must be calibrated and tested on a regular basis. If even a minor lapse in maintenance occurs, or a police officer is not properly trained or licensed in operating these machines, it could yield false results.
- Challenging reasonable suspicion and probable cause. Police need to have a justified reason to stop you and pull you over, such as in cases of swerving between lanes or other evidence of bad driving. Speeding alone, without other bad driving, is not an indicator of impaired driving, per the National Highway Traffic Safety Administration (NHTSA). Everything you do from the time an officer first observes your vehicle is looked at under a microscope during a pretrial motion hearing. Your interactions with law enforcement, and their observations of you (such as having red, glassy eyes, or a strong odor of alcohol, or using the car for balance when you are asked to step out) can be Monday-morning quarterbacked by the court during a motion to suppress. If the State cannot provide evidence that the officer had probable cause to arrest or charge you with impaired driving, this might allow for your case to be entirely dismissed.
- Proving procedural violations. If the officers involved in your stop and arrest do not follow necessary protocols, like reading your implied consent warnings, or not following their checkpoint plan to the letter, this could cause certain evidence to be inadmissible in court.
Hire a DWI Lawyer by Contacting Granados Law Group Today
If you have been accused of driving while impaired in Raleigh, you do not need to navigate the difficulties of your case alone. At Granados Law Group, we are here to review your case, evaluate the evidence, and protect your rights through a comprehensive defense plan. In most DWI cases, time is of the essence, and you should hire a DWI lawyer sooner rather than later. Call our offices today to set up an initial consultation and learn more about how we can help.
