North Carolina  |  DUI Law

Legal Question

Asked on: 1/20/13, 4:01 pm

I am a soldier currently stationed on Fort Bragg in North Carolina. I have been in the army for a little over a year with no disciplinary problems. This weekend I received a DWI in the town outside of base. I was at a bar with some members of my company and made the stupid decision to attempt to drive home. I was pulled over in the city of Fayteville. Upon getting pulled over the officer asked me a few questions such as where i came from and where i was going. Due to my speech and the smell of alcohol she pulled me out of the car and arrested me on the spot without a field sobriety test or breathalyzer. She let my other two intoxicated friends in the car go. Upon getting to the station i was given a breathalyzer, i blew a .16 i was then instructed i had to blow again. on my second attempt the blowing did not register and the officer instructed me that if i blew a false reading again he would put me down as a refusal. I than proceeded to blow another false blowing and the officer put me down as a test refusal. I was booked and then turned over to the MP's. I have a court date in april. I was then informered by my chain of command that I will receive a field grade article fifteen and due to a new no tolerance policy an administrative seperation. My question being, is there such a thing as double jeapordy in this type of situation? Will my unit have to wait till after my civilian court date to start my punishment? Is there anyway to push up my civilian court date? Is it worth hiring a lawyer to defend me in the civilian court or is the refusal reading an automatic plea of guilty?

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