What Are My Rights When Stopped for a DUI/DWI?

Right to Remain Silent

When police suspect that a driver has consumed alcohol, they will generally start by asking questions about whether, when, or where the driver last consumed alcohol. As the Fifth Amendment protects against self-incrimination, drivers do not have to respond to or answer any questions they do not wish to. This protection also extends to requested field sobriety tests that the office may request. In fact, a driver stopped for suspected DUI has the right to remain perfectly silent, refuse to answer any questions, and refuse to perform any requested test.

While doing so may limit the evidence, it will not likely preclude a DUI arrest. During a DUI investigation, the fact that the driver refused to perform the requested sobriety tests can be used against them to establish probable cause for arrest. In many cases where a suspected impaired driver “clams up”, the officer will generally place them under arrest and take them to the station for evidentiary testing.

Right to an Attorney

At the police station, the officer can request that the driver submit to a chemical breath or blood test. These are generally breath or blood tests that will measure the amount of drugs or alcohol that a driver has consumed. While you generally have the right to speak to an attorney before being interrogated, a driver is not allowed to consult with an attorney prior to a chemical test. The suspect may refuse or consent to the test but cannot consult with an attorney until after testing.

Once testing is completed, the accused is generally permitted to contact their attorney and can obtain their own chemical test from an independent source. In other words, you can be taken to the hospital to get a blood test if you believe the breath test at the station was inaccurate.

Citations:

N.C. Gen. Stat. Ann. § 20-16.2 Independent Testing

State v. Fowler, 263 N.C. App. 710, 822 S.E.2d 909 (2019) SFST Refusal

N.C. Gen. Stat. Ann. § 20-138.1 DUI