Wilmington, NC asked in DUI / DWI for North Carolina

Q: Can I refuse to answer any of a policeman's questions until my lawyer shows up?

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2 Lawyer Answers
Amanda Bowden Johnson
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Answered
  • DUI & DWI Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: Not only can you refuse but you have a constitutional right to refuse. Once you get out of grade school officer friendly ain't your buddy no more - don't tell them squat - ever!

William C. Head
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Answered
  • DUI & DWI Lawyer
  • Sandy Springs, GA

A: NO. You have a 30 minute window, after being told your rights (Miranda and implied consent), in which to CONTACT anyone. If your lawyer comes there, maybe you can meet with him or her.

But, failure to AGREE to take the requested implied consent test (breath, blood, or urine) can lead to a one year loss of all driving privileges.

Plus, after 30 minutes, an officer CAN write you up as a REFUSAL, and also seek and obtain a warrant to collect your blood.

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