Fairview Illegal DUI Stop Lawyer

Fairview Illegal DUI Stop Attorney

While being charged with a DUI can be a stressful ordeal, it is important to remember that being charged with a crime does not mean that you will ultimately be convicted. When police violate your rights during a traffic stop, any evidence they gather can be deemed inadmissible in court. With the help of a Fairview illegal DUI stop lawyer, you can fight your charges by demonstrating that your constitutional rights were violated during your initial traffic stop.

Strategic Legal Representation When It Matters Most

If you believe that your rights were violated during your arrest, you need a skilled criminal defense attorney who understands your rights and how to use those violations to have your charges dropped. Our firm handles everything from felony DUI and underage DUI to professional license defense, so you can trust we have the expertise to tackle your specific situation. When you work with Edwards Law, PLLC, you partner with a former prosecutor who understands what it takes to fight complex charges. Our firm offers comprehensive criminal defense representation focused on securing optimal outcomes.

Understanding North Carolina’s DUI Laws

In 2022, Buncombe County reported 323 alcohol-related crashes, which presents a large danger to residents. As per DUI Laws in North Carolina, it is illegal to operate any vehicle while intoxicated by drugs or alcohol or with a Blood Alcohol Concentration (BAC) of 0.08% or more. Driving under the influence is taken seriously in North Carolina, and there are strict penalties for anyone convicted of this crime.

Each DUI offense in North Carolina is categorized into one of five levels. The level of your DUI will impact your overall consequences. If you are pulled over in North Carolina with a BAC of 0.15% or more, your charge will be considered an aggravated DUI, which may also be a Level 1 DUI. In 2022, 48% of DWI convictions statewide involved a BAC of 0.15 or higher. This charge comes with longer license suspensions, ignition interlock requirements, and jail time.

A Level 5 DUI is the state’s least severe DWI punishment and typically leads to fines, community service, and limited jail time. DUI cases are often complex and require a thorough understanding of traffic stop procedures, breath test reliability, and driver rights. Challenging a DUI charge may depend heavily on the legality of the stop and the strength of the evidence presented.

What Happens During a DUI Stop in North Carolina?

In Fairview, Buncombe County, a DUI stop typically begins with a traffic violation or checkpoint encounter. Officers may ask for your license and registration and look for signs of impairment like slurred speech or bloodshot eyes.

You may be asked to undergo a field sobriety test or comply with a portable breath test, sometimes called a breathalyzer. If the officer believes you are impaired, you could be arrested and taken to the Buncombe County Detention Center. Every aspect of your arrest, from the initial stop to the testing of your BAC, must follow legal guidelines. If your rights are violated at any point, you can use this evidence in court to fight your charges.

Potential Violations of Your Rights During a North Carolina Traffic Stop

Police in Fairview must have reasonable suspicion to initiate a traffic stop. They cannot pull you over simply because it is late at night or on a whim. State law also provides strict rules for law enforcement officers who conduct checkpoint searches for drunk drivers. If they violate any part of G.S. § 20-16.3A, your attorney can push to have the evidence they collect deemed inadmissible in court.

North Carolina police officers must also follow protocol when administering field sobriety and breath tests. If they conduct an unlawful search or fail to inform you of your rights, your attorney can help you determine whether the prosecution can use any evidence that resulted from an unlawful search.

How a Fairview DUI Traffic Stop Attorney Can Help You

It’s critical that you seek legal aid from an experienced DUI traffic stop lawyer as soon as you face charges. An experienced DUI defense lawyer in Fairview can review your case for constitutional violations. Suppose you end up going to Buncombe County Jail after an officer lacked reasonable suspicion or deviated from DWI testing standards. In that case, your attorney can file a motion to suppress evidence and fight to have your charges reduced or dismissed.

FAQs

Q: How Much Does It Cost to Hire a DUI Lawyer in North Carolina?

A: The amount of money you pay to hire a DUI lawyer in North Carolina will depend on various factors. The length of your case, the complexity of your case, and the amount of experience your lawyer has can all impact how much you have to pay. You should also keep in mind that additional expenses may arise, including court fees or mandatory alcohol education courses.

Q: Can a DUI Charge Be Dropped in North Carolina?

A: Yes, there is a possibility that you and your lawyer can get your DUI case dropped in North Carolina. However, whether or not you are able to get your charges dropped depends on a wide range of factors that are unique to your case. Generally, if you can prove that your rights were violated during a DUI traffic stop and get the evidence thrown out, you may have the chance to get your charges dropped completely.

Q: Do You Need a Lawyer After Being Involved in an Illegal DUI Traffic Stop?

A: If you were arrested for a DUI in Fairview and believe your rights were violated, it is critical that you seek help from a lawyer who can fight for your rights and protect your future. An experienced DUI lawyer can go over your case and assess whether officers violated your rights and performed illegal procedures.

Q: What Makes a DUI Stop Illegal in North Carolina?

A: There are multiple factors that can cause a DUI stop in North Carolina to be illegal. A DUI stop may be illegal if the officer lacked reasonable suspicion to conduct the stop in the first place. Random or unjustified stops violate Fourth Amendment protections. Improper checkpoint procedures or failure to advise drivers of their rights can also make a stop unlawful. Any evidence obtained during an illegal stop may be challenged and excluded from use in court.

Fight Back After an Illegal DUI Stop in Fairview

Officers are required by law to follow strict procedures during traffic stops. If they violate those rules, the evidence collected may be challenged or thrown out entirely. At Edwards Law, PLLC, we know what to look for in errors in police procedures and use them against the prosecution.

Contact our criminal defense office today to schedule your consultation and start fighting the charges against you.