Perhaps it’s the middle of the night. Maybe you just got out of the Mecklenburg County Jail on a bond, or you’re leaving a magistrate’s office in Iredell County. You’ve been charged with DWI.
This article will walk through the timeline of what happens. This is not legal advice. You should contact an attorney to discuss the specific facts of your case.
At the Scene
Under North Carolina law, any person who drives a vehicle on a highway or public area is deemed to have consented to chemical analysis if charged with an offense like DWI. However, drivers in North Carolina must be provided with both verbal and written notice of their rights and the consequences of refusing a chemical test.
The arresting officer (or the person administering the chemical analysis, if at a medical facility) must inform each suspect that they have the right to refuse testing. A willful refusal of chemical testing results in an immediate revocation of driving privileges.
Suspects must also be informed of:
- Their right to request additional testing by someone qualified to administer such tests
- Their right to call an attorney
- Their right to have a witness present for testing, provided the witness can arrive within thirty (30) minutes
What if I Refuse Testing?
If someone refuses chemical testing, there are significant consequences:
- The refusal is admissible at trial on the DWI charge.
- If the arresting officer submits an affidavit of refusal to the Department of Motor Vehicles, the DMV is required to revoke the suspect’s driver’s license for twelve months.
- Despite the refusal, there are circumstances where the officer can still obtain an involuntary chemical test—with or without a warrant—pursuant to N.C.G.S. § 20-139.1. Those results are also admissible at trial.
What Happens After the Scene
Under N.C.G.S. §§ 15A-501 and 511, a law enforcement officer must take the suspect before a magistrate without unnecessary delay.
Assuming the suspect was arrested without a warrant, the magistrate will make an initial probable cause determination—deciding whether there was probable cause to believe a crime was committed and that the defendant committed it. The magistrate must inform the suspect of:
- The charges against them
- Their right to communicate with counsel
- The general circumstances under which they can be released on bail
If the person is not released on bail, the magistrate must commit the suspect to an appropriate detention facility. If the suspect is unconscious, grossly intoxicated, so unruly as to disrupt proceedings, or otherwise unable to understand their rights, the magistrate may order detention.
Conditions of Release
The magistrate must review the conditions of release under a specific statutory framework, considering factors such as:
- The suspect’s criminal history
- The nature and circumstances of the offense
- The weight of the evidence
- The defendant’s family ties, employment, financial resources, and character
- Length of residence in the community
- History of flight or failure to appear
Authorized conditions of release include:
- Release upon an unsecured appearance bond
- Release into the custody of a designated person or organization agreeing to supervise the defendant
- Execution of an appearance bond secured by a cash deposit
- House arrest with electronic monitoring
Additionally, the magistrate may order abstinence from alcohol, verified by an alcohol monitoring system.
What Comes Next?
After being processed through the magistrate’s office, defendants are scheduled for their first appearance in District Court. At that first court date, the Court will again advise the defendant of their constitutional rights and schedule an initial trial date.
Cases are rarely (if ever) resolved at the first appearance. However, one issue that may be addressed is a limited driving privilege.
Under N.C.G.S. § 20-16.5, if a defendant’s license has been indefinitely revoked under the pretrial revocation statute, the defendant may apply for a limited driving privilege after completing either 30 days of revocation or other statutory requirements. Eligibility depends heavily on the specifics of the case and the defendant’s prior record.
What Should You Do?
If you find yourself charged with a DWI, take these steps immediately:
- Do not discuss the case with anyone except your attorney. This includes friends, family, and any AI chatbot.
- Contact an attorney as soon as practicable.
- Keep any and all records and evidence related to the incident.
Would you like to discuss a case?
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