Alright everyone, let's take today's Raleigh DWI Attorney Blog to discuss those who were smart enough to realize they had too much to drink, but still ended up catching a North Carolina DWI Charge. In the best of all worlds, when someone realizes they shouldn't be driving (and when I say, 'shouldn't' that includes realizing that, though you are fine to drive, you could still be arrested and convicted of a DWI regardless of how you 'feel'). For those who figured out this important fact early, they never get behind the wheel and therefore never run the risk of getting a DWI charge. For those who come to this realization AFTER having started driving, this blog will discuss some very basic advice that should be followed to help you avoid getting a 'Driving' While Intoxicated, even though you are driving.
Once you realize you shouldn't be driving, get off the road as soon as you safely can. Preferably find a parking lot or side street where you can park safely. Once parked TURN OFF THE VEHICLE AND REMOVE THE KEYS FROM THE IGNITION! Under North Carolina DWI Law, a Driver can meet the element of 'driving' in the North Carolina Driving While Intoxicated law by having the keys in the ignition and the car running. I have even seen convictions for keys in the ignition and the car NOT running.
Next, get OUT OF THE DRIVER'S SEAT! It's hard to argue that you were driving the vehicle if you are not behind the wheel!
Then, either sleep it off, or call someone to come pick you up.
If the Police were to come by, here are some basic things you need to remember. First, DO NOT ADMIT ANYTHING, but especially do not admit DRIVING! If you have followed these simple suggestions AND you don't admit driving, it will be hard for the State to prove that part of a DWI charge, which will be required for a conviction. If the Police Officer asks you to perform any Field Sobriety Testf and/or ask you to blow into a portable breathalyzer, can you refuse those as well. In fact, the only thing you cannot refuse without consequence is the Intoxilyzer, which is the machine they have you blow in AFTER you have been arrested. If you refuse, you will have your license revoked for 1 year, so it's up to each person whether they refuse or not. However, if you have done what this Raleigh DWI Lawyer suggested and turn off the car, remove the keys, get in the passenger seat or back seat, then you've already done yourself a great favor. With the addition of "Laura’s Law" a DWI Conviction is getting more and more serious, you want to do your best to avoid it!
If you have received a Raleigh DWI Charge or other North Carolina DWI Charge in the area, and are in need of a good Raleigh DWI Lawyer, feel free to contact me at 919-335-5291 to discuss your case for free!
