Imagine you’ve had a few drinks and decide to sleep it off in your car. Maybe you pull over in a parking lot with the keys in the ignition, but the engine off. You’re not driving, so you think you’re being safe, right?
However, you can still face a DWI while parked in Raleigh, NC. North Carolina DWI law has a very broad definition of what it means to be in control of a vehicle. This can be as simple as having your keys in the ignition while intoxicated.
Why you can be charged with a DWI while parked in Raleigh, NC
The concept of “actual physical control” is what makes a DWI possible without the car being in motion. It means you are able to operate the vehicle at any moment. This is why having your keys in the ignition or even just in your possession while in the driver’s seat can be enough for a DWI charge. The law still views this as a public safety risk.
What happens if officers believe you are intoxicated?
If a police officer approaches your car, they will likely ask you to perform a preliminary breath test and a series of field sobriety tests. You have the right to refuse these tests before an arrest. However, this will not prevent an officer from arresting you if they have a reasonable suspicion of impairment and probable cause for stopping you.
Once police arrest you, the situation changes. The officer will ask you to take an evidentiary breath test or a blood or urine test. In North Carolina, you have already given “implied consent” to these tests by driving on public roads. Refusing them after an arrest can have serious consequences.
What happens if arrested for DWI in Raleigh, NC? Your driver’s license will be immediately suspended for 30 days. This suspension can extend to one year, regardless of the outcome of your criminal case. An officer can also get a warrant to compel you to provide a sample.
Steps to take after a DWI arrest in Raleigh, NC
The moments following a DWI arrest can be confusing and frightening. It’s essential to remain calm. Do not resist the police officer. Be polite and respectful. You have the right to remain silent and should exercise that right. Providing information beyond your name and address could be used against you later.
A DWI conviction in North Carolina can have long-lasting effects. Your driver’s license could be suspended for a year for a first offense. You may face mandatory fines and jail time. The court may require you to install an ignition interlock device in your vehicle.
Having a record can also create problems with jobs, education and housing. Having an attorney on your side is critical. An experienced DWI defense lawyer in Raleigh, NC, can help you understand the situation and work to minimize the consequences, including getting the charges dropped.
