
Being convicted of driving while intoxicated (DWI) or driving under the influence (DUI) can result in serious penalties such as days or months in jail time, thousands in fines, probation, community service, and the suspension of your license. However, if the traffic stop when you were arrested was illegal, it is possible to declare evidence inadmissible or even avoid conviction. It’s important to work with a Candler illegal DUI stop lawyer to protect your rights.
For decades, the team at Edwards Law, PLLC has fought for the rights and interests of those accused of crimes, including DUI, felony DUI, underage DUI cases, and multiple DWI charges. We know what to look for in your case to determine if a traffic stop was illegal and hold law enforcement responsible for these failures. If the stop was illegal, this can be used to support your defense. Whether your case is straightforward or complex, we can help.
Illegal DUI stop cases may be handled by the Buncombe County Courthouse District Court, located at 60 Court Plaza in Asheville. Our firm has extensive experience with nearby courts.
A traffic stop in Candler, North Carolina, can occur because of a traffic violation, unsafe operation, or as part of a DUI checkpoint. DUI checkpoints are used to ensure compliance and prevent people from driving while intoxicated. These checkpoints can be set up at random times. Except for DUI checkpoints, a traffic stop must be made with reasonable cause.
At the traffic stop, the officer will request your license, registration, and potentially car insurance information. The officer will look for indicators of being impaired, which could include slurred speech, slow reactions, or bloodshot eyes. Based on this information, the officer may request that you complete a field sobriety test or a breathalyzer. You can also be asked to complete a chemical test at the station.
Each part of the DUI arrest must follow legal procedures. Violations of your rights can be used to fight against the criminal charges you face. When you hire an illegal DUI stop lawyer, they can review the facts of your arrest, the traffic stop, and the evidence gathered to determine if your rights were violated.
A DUI stop may be illegal if:
A DUI is the offense of operating a vehicle while impaired, as per NC DUI Laws. Impairment can include being under the influence of any substance, having a blood alcohol concentration of 0.08% or higher, or having any Schedule I substance present in a chemical test.
DUI offenses occur throughout the state. There were more than 15,300 arrests for DWIs in North Carolina in 2023, according to information gathered by the state’s Bureau of Investigation. In 2023, 4.4% of all crashes were alcohol-related in Buncombe County, with 6.7% resulting in injuries and 19.5% being fatal.
However, arrests do not necessarily equal convictions. If an officer violates your rights, the evidence gathered at the stop may be inadmissible, and a Candler illegal DUI stop attorney can help.
If you were arrested for a DUI at an illegal traffic stop, contact Edwards Law, PLLC, and let us advocate for you.