Do NOT give up hope if you are ACCUSED of a DWI/DUI. I am in court on a daily basis FIGHTING these cases and see incredible results.
How do you WIN? First, you must FIGHT EVERYTHING. The stop, each and every field sobriety test, probable cause for the arrest, your statements, the Intoxilyzer results, etc.
Second you must realize that everything is up for grabs! You MUST have a skilled attorney who is ready, willing and able to fight the State. You need an advocate who is NOT afraid to stand up for you.
Third, DWI/DUI law is some of the most complicated law on the books. Why? You can legally drink (or take medication) and drive in North Carolina, UNLESS you are impaired. There’s the rub – the State must prove beyond a reasonable doubt that you were IMPAIRED.
How is impairment PROVEN? Proof usually comes from the testimony of the officer and you. Most evidence offered is SUBJECTIVE. This means that evidence can and should be challenged. I cannot tell you the number of times I have tried a case only to discover ONE fact that wins it, when my client thought they had no hope.
Fourth, even in BAD CASES there is ALWAYS hope. A good attorney will search and search for the NUGGET of truth, the mistake in procedure, the questionable statement by the officer or an inaccurate observation.
Do NOT give up hope! Get a paper and pen. Begin writing down EVERYTHING you remember about the incident: the people you were with at the time of the stop, the people you had been with earlier that day, what you recall saying, do you have a receipt that backs up a contention of only having had two drinks, what was the weather at the time, what were the road conditions, did a nearby business have a video camera recording your stop, and on and on.
A good attorney will desire ALL of the information that you can provide. Facts make cases and lead to success.