Once out of the vehicle, the officer will likely ask you to perform Standardized Field Sobriety Tests. The officer requests you stand with one leg out in front of you, with the raised foot pointed up and both legs straight, hands at your side. You will be asked to count out loud until you reach thirty. The next test is the Walk-and-Turn. In this test, the officer will ask you to walk a straight line, making contact heel-to-toe, for nine steps, while watching your feet, counting out loud, and keeping your hands at your side.
Nystagmus is the involuntary twitching of the eyes.
DUI FAQ — Glenn Churchill & Jack Sinclaire
Nystagmus can be caused for several reasons, one is alcohol impairment. The test is performed by the officer asking you to follow a stimulus while holding your head still. It is a common misbelief that this test is looking for whether you can follow the stimulus without moving your head, and while the officer will make note of it, it is not the primary purpose of the test.
In addition to these tests, the officer will likely ask you to blow into a Handheld Breathalyzer Test; known as the AlcoSensor.
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The AlcoSensor is used by the officer to determine your level of intoxication from the side of the road. The officer can only testify as to whether the machine indicated a positive reading for alcohol on your breath. Once the AlcoSensor is administered and the Roadside Sobriety Tests are given the officer will make a determination as to whether they believe they have probable cause to arrest you. In most instances, you will be taken to a local police precinct for the administration of this test.
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The test is similar to the AlcoSensor test in that there is a machine being used to attempt to measure the level of alcohol on your breath. Before administering this test, the officer must read you your rights regarding the test and your right to refuse.
Keep in mind, however, if you are found guilty of DWI you will also lose your license. The police officer will also administer a breathalyzer test to gauge your blood-alcohol content. A breathalyzer is a device to detect alcohol concentrations in someone's breath. When you blow into the breathalyzer, it provides an estimate of your blood-alcohol content. If the estimate is.
Q: I was just arrested for drunk driving. What should I do?
If your driving was impaired at the time, you may also be charged with driving while impaired in North Carolina. You can legally refuse a breathalyzer test in North Carolina. However, there is an implied consent law in North Carolina. Implied consent means that when you apply for a North Carolina driver's license, you implicitly agree to drug and alcohol testing should a police officer suspect you of driving while intoxicated. If you refuse a breathalyzer test, it can result in an automatic one-year driver's license suspension. Site Map. MENU attorneys.
Legal Professional? After an arrest on DWI charges in North Carolina, your next steps may have a serious impact on your future. You should obtain the assistance of a knowledgeable and understanding DWI defense lawyer as soon as possible.
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Our DWI lawyers have helped clients through countless impaired driving cases, and we can help you, too. Schedule a free consultation and an honest assessment of your case today by calling or filling out our online contact form. Strategic Representation.
Other factors to be questioned include: When and whether the officer informed you of your Miranda rights i. Officers must strictly comply with required procedures when performing Standardized Field Sobriety Tests. Avoiding a Guilty DWI Verdict in North Carolina For you to be found guilty of DWI, the district attorney must prove beyond a reasonable doubt that you were driving a motor vehicle and were legally impaired at the time.
Schedule a free consultation with our understanding DWI defense attorneys today. A judge can suspend the sentence once the driver has spent 24 hours in jail, performed 24 hours of community service, or not operated a vehicle for 30 days. A judge can suspend the sentence once the driver has spent 48 hours in jail, performed 48 hours of community service, or not operated a vehicle for 60 days. A judge can suspend the sentence once the driver has spent 72 hours in jail, performed 72 hours of community service, or not operated a vehicle for 90 days.
A judge cannot suspend the minimum sentence of 7 days in jail.
The Basics of North Carolina Drunk Driving Laws
A judge cannot suspend the minimum sentence of 30 days. The Habitual DWI statute requires a minimum active jail term of 1 year, which cannot be suspended. Felony DWI offenders must also go through a substance abuse program while in jail or as a condition of parole.