If I blew over .08 and that’s per se evidence of guilt, why should I hire an attorney? | DUI Attorney | North Carolina

If I blew over .08 and that’s per se evidence of guilt, why should I hire an attorney?

More often than not, an attorney will not be able to “get you out” of a DWI/DUI charge. However, there are many factors to consider. The United States Supreme Court and North Carolina will not allow evidence to be entered in court if it was improperly obtained. There are two major considerations that every good attorney will analyze to look for weaknesses in the prosecution’s case and they are whether the officer had a reasonable suspicion based upon articulable facts to initiate the stop as well as whether the officer had probable cause (more likely than not that a crime has been committed) to arrest the accused. Many times, officers are overzealous in their jobs and as a result make mistakes and initiate stops and arrest people when they shouldn’t. In these situations, the evidence that is collected by the arresting officer is referred to as “fruit of the poisonous tree” and will be suppressed at trial. It takes a trained and licensed attorney to be able to both recognize these situations as well as properly argue a motion to suppress the evidence collected as a result of the unconstitutional stop or arrest.

Even if there is no hope for you and the officers have done everything strictly by the book, then an attorney can help to mitigate your fines and punishment. It certainly won’t ever hurt to hire an attorney and many times, hiring an attorney for a DWI/DUI will save you money in the long run.