Shelby DWI/DUI Lawyer

DWI-related driving arrests are common. Because drunk drivers cause considerable road injuries and deaths, authorities attempt to deter DWI accidents by arresting numerous suspected drunk drivers. However, the penalties for this offense are often severe, and the methods used to investigate them can be suspect. Additionally, the prosecution may attempt to subject anyone apprehended for driving while intoxicated to harsh penalties.

Being accused of a crime can be frightening, but with the help of an expert DWI attorney, you can fight for your rights. Working with a DWI lawyer can positively impact the result of your case. A skilled attorney can use their years of experience, knowledge, and resources to help you get the best possible result in your case.

What Factors Influence Shelby DWI Penalties?

You may face jail time, fines, mandatory drug or alcohol treatment, community service, and the installation of an Ignition Interlock Device on your vehicle if you are convicted of a DWI in North Carolina. The severity of DWI penalties is influenced by aggravating circumstances, considerably aggravating factors, and mitigating factors. 

A sentence is made more severe by aggravating circumstances, whereas mitigating ones make it less severe. A qualified criminal defense lawyer can look for and present mitigating factors in your case to get your charges reduced. If the mitigating factors outnumber the aggravating factors, your case is more likely to succeed.

What Tests Are Used by Shelby Police in DWI Cases?

Police can assess drivers in various ways by law enforcement to see if they should be arrested for driving while intoxicated. If an officer suspects you of being intoxicated behind the wheel, they will pull you over and do one of these tests. The findings of these tests can be used against you in court if you are arrested.

  • Standardized field sobriety tests: The horizontal gaze nystagmus test, the walk and turn test, and the one-leg stand test are all part of the standardized field sobriety tests. Suspects have the freedom to refuse to participate in these tests.
  • Chemical tests: Chemical tests assess a person’s blood alcohol concentration (BAC) through breath, blood, or urine tests. To be accepted in court, breath tests must meet administrative and regulatory standards.

Sobriety and BAC testing appear to be reliable approaches to establish whether someone was driving while intoxicated, but they are not infallible. Criminal defense attorneys understand how to effectively call these tests into doubt and damage the prosecution’s case against you.

Do You Have to Take a DWI Blood Alcohol Test?

Prosecutors in North Carolina frequently utilize blood alcohol test results to support DWI charges in court. Two standard BAC testing methods are breathalyzers and blood tests. While some cops prefer breathalyzer testing, others prefer blood tests. Field sobriety tests are also frequently utilized in court. However, they are less trustworthy than the other methods.

Drivers accused of driving while drunk in North Carolina can refuse field sobriety tests without facing any consequences. However, everyone driving on the highway gives their implicit permission to have their blood alcohol tested under North Carolina’s Implied Consent Laws. Drivers can resist DWI breath and blood tests, but doing so will have serious consequences. A willful refusal of a blood alcohol test can result in a one-year license suspension, even if you are found not guilty of a DWI.

What Are My Blood Alcohol Test Rights in Shelby?

In North Carolina, officers are obligated by law to warn drivers of their right to refuse a blood-alcohol test. Law enforcement officers are forbidden from giving a blood alcohol test to a driver who refuses to cooperate. A search warrant is required before a law enforcement official can administer a blood alcohol test to a driver who refuses one. These are just a few of your North Carolina BAC testing rights.

Other rights you have relating to blood alcohol content testing include:

  • Police officers must give the motorist written notice of their rights regarding blood alcohol tests.
  • The motorist has the option to have a third-party alcohol test performed.
  • The motorist has the right to confer with an attorney and to have a witness present during the blood alcohol test, as long as the delay does not exceed 30 minutes.

Knowing your rights is vital to ensuring that they are upheld. Officers must conduct their due diligence so that you are aware of your rights. They are compromising your freedom and maybe invalidating their case against you if they do not do so.

Hire a Skilled Shelby DWI Lawyer From King Law

When facing a DWI charge, it’s natural to feel overwhelmed. However, you can take steps to defend yourself in court effectively. Working on a legal issue by yourself might be intimidating. Call an expert DWI attorney who will strive to get the best possible outcome for you.

Our criminal defense lawyers at King Law understand how difficult it is to fight criminal charges, but with more than a decade of experience practicing law, we may be an asset to your case. We take pride in defending your rights and building a relationship with you. We can go through every detail of your case with you and talk over any options you might have. Call (888) 748-5464 (KING) or fill out our contact form to schedule your consultation.