Driving While Impaired

Being arrested on suspicion of driving while intoxicated in the State of North Carolina is serious. Not only will you be forced to spend the night in jail and have to pay to hire the services of a knowledgeable attorney, but a conviction would create the onset of an entirely other and long list of expenses and problems, both socially and professionally.

Our law office understands that the entire ordeal of a DWI arrest is harrowing enough. We are strong advocates for the rights of our clients. We are not here to judge anyone.

Millions of decent, hard-working Americans have been arrested after engaging in leisure activities they've enjoyed throughout their entire lives -- sipping a decades-old Scotch with dinner at a steakhouse, popping open a bottle of Champagne at Happy Hour with colleagues to celebrate a lucrative new business deal, or cooling off with a couple of draft beers at a ballgame.

But just like any other charge in the criminal justice system, the state must prove beyond a reasonable doubt your guilt in a DWI case. An arrest is not the same as a conviction. As your attorneys, Harbinson, Brzykcy & Corbett does not have to prove your innocence. The prosecutor must prove your guilt.

While the maximum allowable level of blood alcohol concentration varies nominally from state to state throughout the country, the legal limit in North Carolina is 0.08 percent. There does, however, exist the very real possibility of being convicted on a DWI charge even if your BAC registers less than that standard, as BAC is deemed under our laws to be merely one "indicator" of whether a driver was impaired at the time of an arrest.

We would be more than happy to extrapolate on this component of DWI law, as well as any other areas of concern on your mind, when you visit our office for an initial consultation.

You have the absolute right to remain silent if you are pulled over and questioned by a police officer in Alexander County about whether you consumed any alcohol prior to getting behind the wheel of your car. You are under no obligation to tell law enforcement where you are coming from, where you are going, or what you did that night.

Furthermore, you cannot be forced to perform any roadside sobriety tests such as counting backwards from ten, reciting the alphabet, walking a straight line, or following the tip of a pen with your eyeballs. If requested to do so, you have the right to politely refuse.

If cited for DWI, anything and everything you say and do during that roadside stop can be used against you in court. That is why it also is highly imperative to remain as courteous and respectful to the police officer who stops you. Any signs of agitation, anger, or disorientation will be noted by the arresting officer and used as evidence of your impairment.

Harbinson, Brzykcy & Corbett strenuously encourages all of its clients to always remain as deferential toward police officers as possible. Any confrontational or beligerent actions will only exacerbate what assuredly is already a tense situation.

While you may refuse to submit to a breath test in the field, law enforcement personnel can still demand a blood test, especially when an accident has occurred and/or someone was injured.

While refusing a breath test is your right, it could result in a one-year suspension of your driver's license and ineligibilty for the state's limited driving privilege, which otherwise would allow you to drive to and from work for the first six months of that suspension.

Of course, our office hopes that no client is ever faced with a DWI charge. But if you do find yourself in that circumstance, we hope you will contact us without delay, as it's always best to begin building your defense as quickly as possible.

We hope the information on this page has proven helpful. Of course, there are many other components to DWI arrests in the state of North Carolina, and Harbinson, Brzykcy & Corbett is easily accessible to answer any questions you may have.