Roberts Law

Driving While Impaired (DWI) charges in North Carolina carry significant consequences, including the possibility of jail time, heavy fines, and loss of driving privileges. However, not all DWI charges lead to convictions, particularly when there are suppressible issues involved. Suppression in legal terms refers to the court’s ability to exclude certain evidence from a trial if it was obtained in violation of the defendant’s rights. Understanding these suppressible issues, especially in the context of North Carolina law, is crucial for anyone facing DWI charges.

Suppression of the Traffic Stop

The initial interaction with law enforcement is critical in a DWI case. In North Carolina, police must have a valid reason, known as “reasonable suspicion,” to stop a vehicle. This could include observing a traffic violation or erratic driving. If a traffic stop was made without reasonable suspicion, any evidence obtained as a result of that stop would be suppressible.

When getting pulled over, it is essential to remain calm and polite, but also cautious about what information you provide. You are required to share your license and registration but are not obliged to answer incriminating questions. Politely declining to answer questions or comply with requested field sobriety tests is within your rights.

Suppression of the Arrest

For an arrest to be lawful, the officer must have “probable cause” to believe that you were driving under the influence. This could be based on observations of your physical appearance, behavior, performance on field sobriety tests, or preliminary breath test results. If probable cause was lacking, the arrest itself could be challenged and suppressed.

Suppression of the Blood Alcohol Content or Breathalyzer Results

BAC and breathalyzer results are often pivotal in DWI cases. However, these results can be suppressed if the testing was not conducted according to established legal and procedural standards. This includes ensuring the device was properly calibrated, the test was administered correctly, and the officer had the necessary certification to perform the test. Additionally, the defense can challenge the reliability of the results based on medical conditions or other factors that could affect the accuracy of the results.

In navigating the complexities of DWI charges in Raleigh, North Carolina, and the surrounding areas, having a skilled attorney like Edd Roberts of Roberts Law Office, PA, can be invaluable. With extensive experience in DWI defense, Edd Roberts understands the nuances of North Carolina DWI law and how to effectively challenge evidence that may have been obtained unlawfully.

Roberts Law Office, PA, specializes in identifying suppressible issues in DWI cases, from the legality of the traffic stop and arrest to the accuracy and admissibility of blood alcohol content and breathalyzer results. Their strategic approach focuses on protecting clients’ rights and pursuing the best possible outcomes, whether that means fighting for a case dismissal, reduction of charges, or acquittal at trial.

Understanding your rights and the legal standards that law enforcement must adhere to is the first step in building a defense. With the support of a knowledgeable and experienced DWI attorney like Edd Roberts, individuals facing DWI charges in Raleigh and beyond have a powerful advocate on their side. For anyone navigating these challenging circumstances, reaching out to Roberts Law Office, PA, could be a critical decision in the outcome of their case.