Serving Wilmington and the Counties of New Hanover, Brunswick, and Pender
DWI laws are very complex and have changed dramatically over the last several years. As a DUI lawyer, Scott Girdwood can help guide you through this very difficult and sometimes scary process. You are probably wondering:
- When can I get my driver’s license back?
- How can I get a driving privilege to get to work?
- Will I go to jail if I am convicted?
- Is DWI a felony or misdemeanor?
Driving under the influence of drugs or alcohol is extremely dangerous and jeopardizes the lives of innocent people. This type of behavior should be avoided at all costs. However, individuals do have legal rights that must be upheld if drunk driving charges are filed against them. The DWI/DUI lawyers at our firm will work to protect your rights if you’ve been arrested for drunk driving. Please call our office for a free consultation. Allow our experience in New Hanover, Brunswick and Pender Counties to work for you.
Reasonable Suspicion for a DWI/DUI Traffic Stop
Individuals with a blood alcohol content (BAC) level of .08 or higher can be charged with driving under the influence (DUI) or driving while intoxicated (DWI). DUI and DWI charges can also be filed against individuals whose erratic or reckless driving was caused by any type of drug – even prescription drugs.
However, for these charges to be constitutional and valid, a police officer must have “reasonable suspicion” for pulling a driver over. The police officer must have observed the driver speeding, weaving, or exhibiting some other type of reckless or suspicious behavior before he or she has the right to stop the vehicle. In fact, some North Carolina courts have held that weaving, by itself, is not a sufficient reason to pull a driver over.
Our attorneys have the experience and skill to fight DWI/DUI charges if the police officer did not have reasonable suspicion for pulling the vehicle over and making the arrest. Contact the DWI/DUI lawyers at Girdwood & Williams today for skilled and experienced legal analysis of your case.
Probable Cause for a DWI/DUI Arrest
Just because a law enforcement officer has a reason to stop your car does not mean he can automatically arrest you on the suspicion of drunk driving. He or she must have “probable cause” to arrest you. Probable cause means sufficient evidence that the average officer can reasonably infer that a person has committed a crime. Most officers are trained in standardized field sobriety tests to assist them with acquiring probable cause. Standardized field sobriety tests include an alcosensor breath test, one leg stand, walk and turn, and a horizontal gaze nystagmus (HGN) test. Officers use these tests, along with statements made by the driver as well as the officer’s observations of your driving and physical appearance to gather probable cause.
Our attorneys are familiar with what North Carolina courts have upheld as sufficient probable cause for a DWI/DUI arrest. We will work hard analyzing the facts of your case to try to obtain the most favorable outcome for you.
The Right to Remain Silent
Individuals who are pulled over on suspicion of drunk driving or DWI/DUI have the right to remain silent. Our lawyers advise that they provide police officers with only their name, identification, and registration. Individuals pulled over on suspicion of DWI/DUI have the right to politely decline answering any other questions or providing any other information, although they can be required to submit to blood or breath tests.
If you’ve been accused of drunk driving, the most important thing to remember is to contact qualified DWI/DUI lawyers right away who can help protect your rights and guide you through the judicial process. The attorneys at our practice can help ensure that your freedom is protected
Contact our DWI/DUI lawyers today.
Serving Wilmington and the Counties of New Hanover, Brunswick, and PenderDUI Lawyers
Sometimes, with the nightlife in this area, residents end up having a little too much fun. In some cases, people decide to get behind the wheel after too much to drink. At Girdwood & Williams, we understand that unfortunate things happen to good people. As experienced DUI lawyers, we do all that we can to help you need legal help after a DWI/DUI.
The consequences of any criminal prosecution can greatly impact your life and as such it is important that you protect all of the rights afforded to you. If you’ve been accused of drunk driving in Brunswick or Pender county, contact the experienced DWI/DUI lawyers at our firm. Our DWI/DUI attorneys can help ensure that your rights are protected and that your freedom is preserved. You’ll feel better when you can tell them, “I’ve got Girdwood & Williams!“