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What To Do If You're Stopped After Drinking

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What To Do If You're Stopped After Drinking

What To Do If You're Stopped After Drinking

Had a few drinks?

Advice from your local DWI attorney:

If you are in North Carolina and drive home after having a few drinks and an officer pulls you over, please consider the following. 1st DON'T HAVE A CONVERSATION WITH THE OFFICER. The officer will ask you questions to get you to admit facts that help the court find you guilty of driving while impaired.
  • If you tell the officer where you are coming from, the officer will testify you came from an area where alcohol was available.
  • If you admit you drank alcohol, then all the court has to find is that you drank too much.
  • If you tell the officer where you are going, the officer may testify you were confused because you were not taking the most direct route to your destination.
  • If you say you haven't had anything to drink and test positive for alcohol, then court will conclude that you lied to hide your impairment.
2nd DON'T DO ANY ROADSIDE SOBRIETY TEST. You are not required to perform these tests. These tests are voluntary so don't volunteer. The tests may include counting backwards, reciting the alphabet, touching your nose, walking a line or standing on one foot. Few people can pass these tests on the roadside, late at night, in the dark. Refusing cannot be used against you as proof of impairment at trial. No police officer, no prosecutor and no judge would ever agree to perform these tests. You shouldn't either 3rd ASK THE OFFICER IF YOU CAN LEAVE. Several of your constitutional rights begin after you are taken into police custody. If the officer says YES, you should leave. NO means you are in custody and have additional constitutional rights. 4th ASK TO SPEAK TO A LAWYER. When you ask to speak to a lawyer, the law requires the officer to stop questioning you about suspected criminal activity. You should still give the officer you name, address, telephone number and date of birth but nothing more. 5th SHOULD YOU TAKE THE BREATH TEST AT THE POLICE STATION? You are not legally required to submit to the breath test at the jail. But refusing will ensure that you are charged with D.W.I. and allow the D.M.V. to suspend your driver's license for one year even if you are found not guilty. A result under 0.08 means you probably won't be charged with D.W.I. A result over 0.14 means you are required to have an alcohol-testing machine installed in your car for one year. Choose wisely.