If you’ve been charged with driving under the influence (DUI), you could be penalized through large fines, jail time, mandatory education courses, or community service. When arrested for DUI, you may be able to reduce or eliminate your penalties by hiring a lawyer. In fact, law enforcement may not have conducted their arrest lawfully, and this may allow you to avoid penalties. If you need a Hendersonville illegal DUI stop lawyer, the lawyers at Edwards Law, PLLC, are here for you.
At Edwards Law, PLLC, we can gather evidence and build a defense to use in court on your behalf. Illegal DUI stops are, unfortunately, common throughout Hendersonville, but you don’t have to accept the consequences if you didn’t do anything wrong or were arrested improperly. Even if you believe you are guilty, we can use our knowledge of North Carolina law to find vulnerabilities in prosecutors’ cases and identify the ideal solution.
Law enforcement has the right to set up DUI checkpoints at random times and without notice in an effort to stop people who may be DUI. Drunk driving is common in North Carolina, and it can be incredibly dangerous to you and other drivers. If you are charged with DUI, you could face immense consequences, including jail time, fines, and having your license revoked.
If you are stopped at a checkpoint and have been drinking behind the wheel, you can exercise your right to remain silent. If you haven’t been drinking, you can deny that you’ve done so. You may need to give your driver’s license and registration to the officer if requested. If the officer suspects you’ve been drinking, they can administer various tests, including the field sobriety test, to determine if you are impaired.
For both DUI and driving while impaired (DWI) cases in Hendersonville, NC, certain criteria must be met in order for the checkpoint or stop to be considered legal. These criteria include:
If an officer stops a car in front of you to perform a check, they usually won’t stop the next car since it would violate their system. However, if they stop your vehicle or perform tests when you clearly aren’t impaired, they may be doing their job illegally. Also, you have the right to turn around and drive elsewhere to avoid a checkpoint, as well as the right to refuse a test.
Refusing a test may be grounds for arrest, as some may find this as an admission of guilt. However, traffic laws are known to be difficult to understand and remember, especially in the moment. For these reasons, it is crucial you speak to a DUI or DWI lawyer as soon as possible. They can build a case for you and defend you in court. If officers acted illegally, a lawyer could use details from your story to have the tests they performed ruled as inadmissible evidence.
A: There could be multiple different penalties for a DWI conviction in North Carolina, and they mostly depend on the various factors involved in your case. For instance, a minor DWI offense may only result in a $200 fine and 48 hours in jail. However, if your DWI case involved a fatality, for example, you could pay up to $10,000 in fines and be sent to jail for much longer.
A: Sobriety checkpoints are stops performed by law enforcement to determine if drivers in the area have been drinking or using substances behind the wheel. These are legally allowed, and police can ask drivers questions and administer various tests. If they suspect someone is DUI, they can use a field sobriety test that determines if the driver can perform basic actions. However, police must adhere to specific rules to avoid being penalized later.
A: You are only required to show your driver’s license at a DUI checkpoint in North Carolina if the police request it. You do not always have to provide your driver’s license, but if the police ask, you must be able to provide it. Driving through the checkpoint without stopping or not providing your license when asked could result in an arrest. In some cases, you may be allowed to proceed after showing your license without needing to be tested.
A: If you were to turn around and drive away from a DUI checkpoint or drive around the checkpoint entirely, you must do so while abiding by traffic laws. As long as you are not violating traffic laws in North Carolina, you are legally allowed to avoid checkpoints. However, if the police notice you are turning away from a checkpoint and violate another law in the process, they may pull you over.
Being stopped by police in any situation may be intimidating, and many drivers forget to exercise their rights in moments like this. While DUI stops are legally allowed, some police violate regulations and perform illegal tasks. To avoid potential life-changing penalties, it is vital that you seek legal representation if you believe you’ve been pulled over unlawfully.
Edwards Law, PLLC, can help you build a case and navigate through North Carolina’s complex legal system. If you’re unsure of your rights, you can ask your lawyer, who is prepared to protect your rights and ensure you aren’t mistreated by the legal system. Unlawful DUI stops are more common than many realize, and if you believe an officer did not perform their job legally, we can help.
To schedule a consultation with a Hendersonville illegal DUI stop lawyer, get in touch with us today.