Do you have a DWI Refusal Hearing?
If you were charged with DWI and did not blow into the Intoxilyzer 500 at the station you have the right to a hearing in front of a DMV Hearing Officer. Often we hear from clients who attempted to blow into the machine but couldn’t summon enough breath to do so.
How It Works
So lets talk about the process. You’ve just been arrested for suspicion of DUI/DWI and have been taken down to the chemical analyst to blow into the Intoxilyzer 5000 (the breathalyzer test North Carolina police or sheriffs use). You are nervous, upset, and now you must produce a good breath sample for the officer and chemical analyst who are watching you very closely. What happens if you try, but can’t blow? Your license can be revoked for refusing and your privilege to drive can be taken away for a year. Additionally, if you are convicted of DWI, you must wait for six months before you are eligible for a limited driving privilege.
Medical Reasons? Didn’t Understand the Instructions?
There may be valid medical reasons that someone cannot blow into the Breathalyzer at the jail. At The Law Offices of Wiley Nickel, we will provide options for fighting your refusal revocation, and we can represent you at that hearing. It is important to call us immediately because your right to request a hearing expires quickly and you must request the hearing as soon as possible.
The hearingtakes place at a DMV Office. It’s a process much like being in front of a judge except it’s before a DMV officer. Usually it’s just in a small office. The hearing is recorded and you can present evidence on your behalf.
If you have further questions contact DWI Defense Attorney Wiley Nickel ay 919-585-1486 for a free consultation to discuss your DWI Hearing. DWI lawyer Wiley Nickel helps people throughout Wake County, North Carolina and handles criminal and traffic offenses arising out of the following cities: Morrisville, New Hope, Apex, Knightdale, Raleigh, Rolesville, Holly Springs, Cary, Wake Forest, Garner, Wendell, Fuquay-Varina and Zebulon.