The DWI Arrest in North Carolina
A DWI arrest usually begins with a traffic stop. And a good North Carolina DWI lawyer will typically first look at the reasons why the police may have stopped the car. Raleigh Lawyer Damon Chetson helps people charged with serious felonies, misdemeanors, and drunk driving charges. Call (919) 352-9411.
The United States Constitution gives every person, citizens or non-citizens, certain protections against random police stops. In short, police must have a legal reason in order to stop a car. For instance, if the police see a car traveling faster than the posted speed limit, they may stop the car in order to give the driver a speeding ticket. In that case, police are stopping the vehicle because the driver is committing a traffic infraction or crime.
Police may also stop the car even if the driver isn't speeding, running through red lights, or otherwise violating the law. For instance, police may stop the car if they observe the car swerving within the lane. Even though swerving within the lane may not necessarily be a traffic infraction or crime, it is some evidence that the person may be impaired. This is called a "reasonable suspicion" or "reasonable articulable suspicion."
However, if police don't have a reasonable suspicion or have not seen the driver commit an infraction (by speeding, for instance), police may lack a legal reason to stop the vehicle. If police do stop a vehicle without legal cause, the stop may be ruled illegal by a court, and any evidence collected may be suppressed. In this case, the court may force the dismissal of the DWI charge. Raleigh Lawyer Damon Chetson helps people charged with serious felonies, misdemeanors, and drunk driving charges. Call (919) 352-9411.
After the police have stopped a car, the next step in the process involves an investigation. This investigation may be very brief - a few minutes - or long - 10 or 15 minutes.
First, police are permitted to detain the driver for so long as it takes to complete the initial purpose of the stop - i.e., to write a speeding citation. However, police may extend the stop if they gather additional clues that suggest something else may be going on, including that the driver may be driving drunk.
An officer may begin the investigation by approaching the vehicle, and asking the driver how he's doing. If the police officer observes that the driver is slurring his words, has red or glassy eyes, or smells like alcohol, the police officer may continue his investigation to gather even more information.
During this process, the police officer is seeking to gather enough evidence to meet the "probable cause" standard. The probable cause standard requires the police officer to come up with a number of specific facts that suggest that it is probable that the person has committed a crime of driving while impaired. This is a much lower standard than what the police officer would need to prove at trial that the person was drunk.
The police officer might use his flashlight to see whether he can spot any open alcohol containers through the windows of the car. Or he might ask the driver whether the driver has been drinking. Even if the driver says, "I've only had a beer or two," that may be enough information to create probable cause in certain circumstances.
The smart driver will simply say: "Officer, I respect your job, but I am not going to answer any questions without a lawyer." A driver has no obligation to answer any questions. A driver has the right to remain silent. And if many drunk drivers remained silent at this point, they would not be arrested for DWIs.
But may people start talking, and this is where they cause themselves (and their lawyers) a lot of trouble. That's because anything a driver says can and will be used against him or her in a court of law.