Attorney
Getting arrested for driving while impaired (DWI) can understandably cause a suspect to feel apprehensive. However, the decisions that the driver makes during this time could have a substantial impact on their legal rights. If you’re facing DWI charges, having experienced legal counsel is critical to making the best choices.
That’s where Sheffron Law comes in. We advocate for the rights of DWI clients in Columbus and Hendersonville, NC, and help them avoid some of the most common mistakes that defendants make in these situations.
Mistake 1: Not Remaining Silent During the Traffic Stop
Before questioning you, law enforcement will (or should, as they are required by law) read you your Miranda rights. Most likely, the officer who reads you your rights will then begin questioning you about such matters as:
- Where you were, or where you were coming from, at the time of the traffic stop
- How much you had to drink before the stop
- Where you were headed
- What you’ve been doing
Police in Columbus and Hendersonville ask these and related questions to try to obtain more evidence against you or establish probable cause that you were driving while impaired. Don’t answer these questions. Ask to speak to an attorney immediately, and otherwise exercise your right to remain silent at all times.
Mistake 2: Taking a Field Sobriety Test
Police will also probably request that you take a field sobriety test, which is designed to test your physical condition and motor skills. But again, this is just another means to obtain evidence against you. The law does not require you to perform one of these tests, and if requested, you should politely decline.
Mistake 3: Not Taking a Breathalyzer Test
Drivers in Columbus and Hendersonville technically have the right to refuse to take a breathalyzer test, but this does come with consequences. For one, the DMV can suspend your driver’s license for up to one year if you refuse. The prosecution may also use your refusal as evidence against you in court.
The best course of action is to take the test but allow an attorney to possibly challenge the results later. For example, your attorney could raise these and other challenges:
- The breathalyzer device was improperly calibrated or maintained
- The officer incorrectly administered the test to you
- You have a medical condition or other valid reason that explains the BAC reading
Mistake 4: Failing to Make Notes About the Arrest
As soon as you are able to do so, you should write down everything you can remember about the events leading up to and after your arrest. Include as many details as possible, including:
- Where you were, and at what time, in the hours before you were arrested
- What you had to eat and drink earlier in the day or night
- Any medications you have taken within the last several days
- The identity of the law enforcement agency and officer(s) who stopped you
- The police officer’s explanation for why they pulled you over
- Anything that any law enforcement officer has asked you
- The officer’s conduct during the traffic stop (for instance, were you questioned without having your Miranda rights read?)
Keep this information confidential and then give it to an attorney who represents DWI defendants in Columbus and Hendersonville. This will enable your lawyer to present the best possible defense.
Mistake 5: Not Being Honest With Your Lawyer
If there’s anyone who needs to know the whole truth about the circumstances surrounding your DWI charges, it’s your attorney. Even if the details are embarrassing and unflattering, your rights could be in severe jeopardy if you withhold information from your attorney. Your communications with your attorney are also protected by confidentiality rules.
The worst-case scenario is that your lawyer never learns from you about an important detail, but the prosecutor finds out about it. If this happens, your lawyer will be unprepared to defend you. So be up front with your attorney and let them determine how best to handle the facts.
Mistake 6: Improper Court Conduct
DWI suspects have to appear in court, often several times, from the beginning to the end of their case. If your conduct before the judge is poor or disrespectful, it is guaranteed to hurt your case. We suggest doing the following to avoid this mistake:
- Appear on time at every court hearing and at trial
- Dress in professional attire and have an ordered, polished appearance
- Address the judge as “Your Honor” and never argue with the judge or prosecutors
- Do not smirk, make faces, or be disruptive
- Consult your attorney for further guidance
Mistake 7: Posting on Social Media About Your Case
The prevalence of social media in our modern lives often presents headaches to defense lawyers who are trying to help their DWI clients. It may be tempting to post on social media about your case, but you never know who may see it (regardless of your privacy settings).
Law enforcement officers or the prosecutor in Columbus or Hendersonville may see your posts and use them against you in court. But there’s an easy way to avoid this mistake: Simply refrain from all social media use during the pendency of your case.
Mistake 8: Assuming the State Will Win
Regardless of the circumstances you face, or what occurred during your arrest and afterward, never assume that the prosecution has won its case. There are a number of different ways to challenge the state’s case against you. Remember, too, that prosecutors have the burden of proving your guilt beyond a reasonable doubt.
One potential strategy may be to work out a plea deal with prosecutors that can save you from some of the most severe consequences of a DWI. But you may never know this if you fail to retain experienced legal counsel. Regardless, having an attorney can help you avoid the above and other mistakes that could cost you dearly.
If you’ve been charged with a DWI in Columbus or Hendersonville, it’s time to get serious about your defense. Get started today by contacting Sheffron Law to schedule your consultation.