Raleigh, NC asked in DUI / DWI for North Carolina

Q: Can I still be charged with a DUI if I wasn’t arrested or charged on the scene? I also have no memory of the event.

I was released from the hospital when I regained consciousness with no information from the police. Nobody was hurt, and the only property damage was my car. The last thing I remember before waking up in the hospital was talking to my dad while lying in bed at home.

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1 Lawyer Answer
Amanda Bowden Johnson
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  • DUI & DWI Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: The short answer is - yes. And in NC it is DWI not DUI. If you suspect you may be charged, you should consult with a local, experienced DWI attorney as soon as you are able. If law enforcement questions and / or charges you before you get a chance to consult with an attorney - you should not say anything. And by not say anything I mean keep your mouth shut - do not open it and do not speak any words to law enforcement whatsoever. Yes, just sit there and look at them and do not speak until they leave. It will be uncomfortable and the urge to talk and tell your side of the story will be difficult to resist. But resist you must - trust me when I say you are not competent to know what to say and what not to say. I can not tell you how many of my clients would have beat their charge of DWI if they had just exercised their constitutional right to remain silent and shut their mouths and not said anything. Best of luck.

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