James Minick - Minick Law

Attorney James Minick

During a DWI stop, a police officer can request that you undergo a chemical analysis to determine if you are intoxicated. Typically, this means blowing into a breathalyzer or some other device to determine what your Blood Alcohol Count (BAC) is. In North Carolina, under N.C. Gen. Stat. § 20-16.2(a), all drivers are considered to have given “implied consent” in order to have the right to drive in North Carolina. Implied consent means that as a part of being able to drive a vehicle in North Carolina, you have given permission to law enforcement to test your BAC through chemical analysis.

However, just because North Carolina’s laws state that you have given your implied consent, does not mean that you have to take a chemical test. Under N.C. Gen. Stat. § 20-16.2(a)(1), an individual may refuse a chemical analysis. However, this right does comes with a punishment. If an individual refuses a chemical analysis, they are immediately subject to revocation of their license for thirty days plus a minimum revocation of their license of one year by the DMV, regardless of the outcome of your DWI trial. This refusal is also admissible as evidence in court for your DWI trial.

Although refusing a chemical analysis results in revocation of your driver’s license, this refusal may be a strategically smart move to aid your defense during your DWI trial. By refusing a chemical analysis, you avoid giving the prosecutor any hard, scientific evidence of any potential impairment. As such, the prosecutor must rely on less reliable and more subjective evidence of intoxication like the officer’s testimony, field sobriety test results, or the behavior and state of the individual. Since these indicators are subject to interpretation and explanation, they may result in a higher potential of a dismissal of DWI charges.

In certain situations, police may still be able to have an individual undergo chemical analysis even with a refusal. If an officer obtains a warrant, an individual can be made to undergo a blood test, regardless of a refusal. Additionally, an unconscious person is not considered to have refused a test simply because they are not conscious to voice any objections. These situations are not considered a violation of your Constitutional rights due to prior judicial decisions establishing these actions.

If you have been charged with a DWI, don’t hesitate to Contact Us at Minick Law, P.C. for a free consultation. We will fight your case with all the available resources at our disposal.

Aggressive Criminal Defense. Client Focused Service.

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This Law Firm really knows how to get the job done!...All the Attorney's here are very professional and easy to deal with. I highly recommend The Minick Law Firm for any of your needs. Thank you!

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We Listen

During our initial conversation with you we will get information about the circumstances of your charge and your situation.
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We Inform

Once we have these details we can explain the potential consequences you are facing.

We Plan

We will then create a detailed plan of action for your case to make sure that your traffic ticket is resolved in the appropriate manner. Our mission is to produce the best possible outcome on your case.

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A: 30 Orchard St. Asheville, NC 28801 P: (828) 333-5024 W: Visit Website

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A: 258 N. Main Street Waynesville, NC 28786 P: (828) 333-5035 W: Visit Website

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A: 321 N Front St #210, Wilmington, NC 28401 P: (910) 338-3994 W: Visit Website

Disclaimer

Every case is different, no results are guaranteed. This site and its information is not legal advice, nor is it intended to be. Contacting us does not create an attorney-client relationship. Until an attorney-client relationship is established, please withhold from sending any confidential information to us.

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Cities: Asheville, Charlotte, Gastonia, Waynesville, and Wilmington. Counties: Brunswick, Buncombe, Burke, Catawba, Cleveland, Columbus, Gaston, Haywood, Henderson, Jackson, Lincolnton, Madison, McDowell, Mecklenburg, New Hanover, Onslow, Pender, Polk, Rutherford, Swain, Transylvania, and Yancey.
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