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DWI and Your Legal Rights

Every U.S. citizen has certain inalienable rights that must be upheld. If you are pulled over on suspicion of drunk driving, the police must follow proper procedures during their search and arrest. If your rights are violated at any point, the evidence gathered against you may be dismissed and the charges may be dropped. Below is a list of your rights under the 4th, 5th, and 6th amendments as described in the U.S. Constitution.

You Have the Right to Remain Silent

If police ask for information that would cause you to incriminate yourself, you can invoke your right to remain silent. You do not have to respond to questioning and can ask to have a lawyer present before you answer any questions.

You Have the Right to an Attorney

If you are arrested, you have the right to consult with an attorney. Your attorney can inform you of your legal rights and options during your questioning and throughout the trial process. He or she will serve as your legal defense counsel during your court appearances.

You Have the Right to a Fair Trial

Anyone who is charged with a crime is presumed to be innocent unless proven guilty beyond reasonable doubt. You have the right to defend your case before a judge and/or jury instead of being automatically considered guilty of your charges.

You Are Protected from Unreasonable Search and Seizure

Police or other law enforcement may not search your property without probable cause. If you are subjected to unreasonable search and seizure, any evidence discovered during the improper search cannot be used against you in your criminal trial.

Contact Us

Your legal rights are crucial to ensuring that you are not wrongly charged or convicted of a crime. To learn more about your legal rights in a criminal proceeding and how a Raleigh DWI lawyer can help to defend your case, contact the Law Office of Jim Black today by calling 919-600-4609.


"Jim, I just wanted to thank you again for everything you did for me. I am very happy about the outcome and would recommend you to anyone and everyone who has a DUI case. Two things that stuck out the most is your patience and honesty, you wanted the best for me and that was obvious."

The Law Office of Jim Black

5 West Hargett Street #310
Raleigh, NC 27601

Phone: (919) 600-4609
Fax: (919) 834-4891


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From our offices in Raleigh, our attorneys represent clients throughout North Carolina including the communities of Raleigh, Cary, Apex, Fuquay Varina, Wendell, Garner, Holly Springs, and Wake Forest; residents of Wake County.

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