Raleigh DUI Attrest

What Are My Rights If I Am Arrested For DUI?

Because the laws and punishments for DUI in North Carolina are among the harshest in the country, it is important for you to know your rights if you experience a drunk driving arrest in Raleigh.

Take an Intoxilyzer Test if the Police Officer Asks You

Intoxilyzer (or Breathalyzer) tests are considered mandatory in North Carolina and therefore you should take one if the arresting officer asks you. And while the results of an Intoxilyzer test are crucial in determining whether your blood alcohol count (BAC) was over the legal capacity of 0.08 per cent, these tests are often accurate, and it is within your rights to have your lawyer contest their results in court. 

Your DUI Arrest in Raleigh Must be Legal

A lawyer who is familiar with North Carolina drunk driving law will want to look closely at the circumstances surrounding your Raleigh DUI arrest and make sure the police have acted properly and legally.  When we examine your DUI arrest, we question whether:

• The police officer had reasonable suspicion or probable cause to stop and arrest you in the first place
• There is ample evidence to convict you based on very fallible pseudo-scientific procedures like a stand-on-one-leg test, a portable breath test (PBT), the finger-to-nose or count-to-100 test, or a walk-in-a-straight-line or recite-the-alphabet test
• Your Miranda rights were made clear to you
• Whether the police performed a legal search of your car
• There were extenuating circumstances and justifiable reasons surrounding your refusal to take an Intoxilyzer test which, if you did, often results in North Carolina in an automatic one year suspension of your driver’s license
• Your erratic driving was caused by other factors, such as talking on a cell phone, emotional stress or an allergic reaction

Experience Protecting Peoples’ Rights in Raleigh

The truth is, while a DUI arrest in Raleigh, North Carolina is a criminal matter that may result in serious immediate and future negative consequences for you and your family, most DUI cases are not slam dunk cases for the prosecution. As an American citizen you have certain rights that law enforcement must respect before, during and after your DUI arrest, which is why it is essential to hire a lawyer who can defend your rights. The Law Offices of Robert J. Willis can help.  Contact us today.