DWI Arrests and Probable Cause

Criminal suspect seen from behind with handcuffs getting arrested by the police because of drunk driving or car crashDriving while impaired (DWI) is a serious offense that can lead to significant legal consequences. In North Carolina, law enforcement must have probable cause to make a DWI arrest. But what exactly constitutes probable cause in these situations, and how can this affect your case?

Probable Cause in DWI Cases

In North Carolina, driving while impaired (DWI) is taken very seriously by law enforcement and the courts. For an officer to make a warrantless arrest for DWI, there must be “probable cause.” This legal standard is met when the totality of the circumstances leads to a reasonable belief that a crime has been committed and you were the perpetrator.

Probable cause in DWI cases generally arises from a combination of factors that an officer observes during a traffic stop. These factors can include, but are not limited to:

  • Signs of Intoxication – Observable symptoms such as slurred speech, bloodshot eyes, the odor of alcohol, or difficulty maintaining balance suggest impairment.
  • Driving Violations – Erratic driving behaviors like speeding, weaving between lanes, or failing to use turn signals can signal to an officer that a driver may be impaired.
  • Open Containers – The presence of open alcohol containers in the vehicle is not only illegal in North Carolina but also serves as a potential indicator of DWI.

Each of these observations can contribute to the establishment of probable cause, providing legal grounds for a DWI arrest without a warrant.

What to Do if You Were Pulled Over in North Carolina

If you suspect that the officer did not have probable cause to pull you over or arrest you for DWI in North Carolina, it’s crucial to handle the situation with care. Remaining calm and respectful throughout the interaction can significantly influence the outcome. Here are some steps to take after a DWI stop…

  • Step 1: Remain Calm and Respectful – Even if you believe the stop was unjustified, arguing with the officer on the scene is not advisable. Politely decline to answer questions regarding your alcohol consumption without legal representation present.
  • Step 2: Contact NC Traffic Attorneys – Consulting with a DWI lawyer as soon as possible is critical. Our affordable traffic attorney in NC provides strategic advice, helping you understand your rights and options, and vigorously defend you to achieve the best possible resolution.
  • Step 3: Gather Evidence – If there are any witnesses who can support your case, or if you have access to dashcam footage that may contradict the officer’s claims, it’s important to secure this evidence quickly.

Your Rights, Our Priority!

When facing a DWI charge, the quality of your legal defense can make a significant difference in your life. Choose the Law Office of Tony Huynh, PLLC, for dedicated and experienced legal representation that focuses on your needs and rights. We are committed to providing the most effective defense and ensuring the best outcomes for our clients. To discuss your case, contact us. Let us take the worry off your hands and provide the support you deserve.

Call the Law Office of Tony Huynh, PLLC today at (336) 355-7083 to schedule a consultation.

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