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Cary DWI Lawyers

1. McCoppin & Assocaites: The law enforcement officers and prosecutors are trying to convict you. They will use everything you say against you in court. You need an experienced trial attorney to fight for you. Being charged with DWI may result in the following: ¥ the suspension of your driverÕs license for 30 days following your arrest -
2. Combs & Meyers: Criminal Defense - DWI - Traffic Regardless of the situatuation a skilled attorney can help. Click on one of the links below for more information. Need help with a criminal matter? Need help with a traffic matter or DWI?
3. Randolph Ingram:

   Drunk driving (DUI / DWI) and traffic violation convictions can carry heavy penalties. In North Carolina, you can lose your driver's license for a up to a year after your first DUI. Some traffic violations can even bring about jail time, including:

   1. DUI convictions seven or fewer years after another DUI / DWI
   2. DUI convictions involving passengers younger than 15 years of age
   3. Drunk driving incidents resulting in serious injuries to another person
   4. Drunk driving occurring while a license is suspended for an alcohol-related crime
4. Laura Mata-Adams: It is rarely in your best interests to pay the traffic ticket or plead guilty as charged.
5. Whited Law Firm: There are five sentencing levels for DWI's, ranging from Level 1, the most punitive, to level 5, the least punitive. The sentencing level is determined by the judge based on "factors" such as prior DWI's, whether or not your license was revoked for DWI, the breathalyzer reading, your driving, whether you obtained a substance abuse assessment prior to court, and your driving record. If you have not had a DWI in the past seven years, your license is not revoked for impaired driving, there was not a child under the age of 16 in the vehicle, and there was no accident resulting in serious injury, you will be sentenced at level three, four or five. If one of the preceding four conditions applies you will be sentenced at level two, while if two or more of these conditions apply you will be sentenced at level one. Level three, four and five sentences typically include a fine, costs of court, revocation of your license for at least one year, and an order to obtain a substance abuse assessment and to complete any treatment recommended. You will also have to do some combination of the following: community service, active jail time, not operate a motor vehicle for a prescribed period of time. Level one and two sentences typically require active jail time and do not allow for a limited driving privilege. Under certain circumstances, the State can take and sell a vehicle operated by someone who is convicted of DWI if their license was revoked for a prior DWI at the time they were charged. Driving While Impaired (DWI) ÊÊÊÊ The North Carolina General Assembly, in enacting General Statute 20-138.1, made it a crime to drive any vehicle on a public road or vehicular area while under the influence of an impairing substance or with an alcohol concentration of .08 or more. To obtain a conviction under this "drunk driving" statute, the State must prove: 1) the defendant operated a motor vehicle; 2) on a state road or public vehicular area; 3) while subject to an impairing substance or with an alcohol concentration of .08 or greater. Alcohol is an impairing substance and alcohol concentration is measured by a machine called the Intoxilizer 5000. In addition to alcohol, the statute applies to illegal drugs as well as prescription and over the counter medications. Prosecutions that do not involve alcohol are uncommon but do occur. The old Driving Under the Influence (DUI) charge was replaced by the DWI statute. DWI charges are misdemeanors and come under the initial jurisdiction of the District Court division. In Wake County, North Carolina, these cases are heard on the second floor of the Wake County Courthouse or in the "county" courts in Apex, Wake Forest, and Wendell. You have the right to appeal a conviction to Superior Court for a jury trial. What Is The Punishment For DWI? ÊÊÊÊ There are five sentencing levels for DWI's, ranging from Level 1, the most punitive, to level 5, the least punitive. The sentencing level is determined by the judge based on "factors" such as prior DWI's, whether or not your license was revoked for DWI, the breathalyzer reading, your driving, whether you obtained a substance abuse assessment prior to court, and your driving record. If you have not had a DWI in the past seven years, your license is not revoked for impaired driving, there was not a child under the age of 16 in the vehicle, and there was no accident resulting in serious injury, you will be sentenced at level three, four or five. If one of the preceding four conditions applies you will be sentenced at level two, while if two or more of these conditions apply you will be sentenced at level one. Level three, four and five sentences typically include a fine, costs of court, revocation of your license for at least one year, and an order to obtain a substance abuse assessment and to complete any treatment recommended. You will also have to do some combination of the following: community service, active jail time, not operate a motor vehicle for a prescribed period of time. Level one and two sentences typically require active jail time and do not allow for a limited driving privilege. Under certain circumstances, the State can take and sell a vehicle operated by someone who is convicted of DWI if their license was revoked for a prior DWI at the time they were charged. What Are The Defenses To DWI? ÊÊÊÊ There are many. The North Carolina and United States constitutions guarantee freedom from unreasonable searches and seizures. If you are successful in contesting the stop or arrest, the case typically must be dismissed. Sometimes cases are dismissed for due process violations such as if you are unreasonably held in jail and are denied the opportunity to prepare a defense. Occasionally, cases must be dismissed if no witness can be produced to present evidence of impairment or that you were driving. North Carolina law does not require that you be found guilty if you blow a .08 or more. A properly obtained breathalyzer reading is evidence of alcohol concentration but may not by itself control the outcome. On the other hand, if the court determines you were impaired, you can be found guilty regardless of the breathalyzer, even if you refused or blew less than .08. Attorneys continue to find new ways to contest DWI charges. The best practice is to obtain and carefully review all the relevant information before making a decision about how to plead. Remember that the State must prove each and every element of its case beyond a reasonable doubt. DWI - What Happens To My Drivers License? ÊÊÊÊ You have the right to refuse the Breathalyzer, but if you exercise that right the State will seek to revoke your license for one year. You can request a hearing from the Division of Motor Vehicles (DMV) to contest the suspension, and may be eligible for a limited driving privilege after six months. If you take the breathalyzer, and the reading is .08 or greater, your license will be revoked for thirty days. Again, you can request a hearing from the DMV to contest the suspension. You may be eligible for a limited driving privilege after ten days. To obtain this pre-trial limited privilege, you must file a petition with the court on the correct day and provide three copies of the privilege itself, a seven year driving record, a DL-123 insurance form, and proof that you have obtained a substance abuse assessment and have enrolled for treatment. An attorney can typically take care of this without you present. If you are convicted of DWI, your license will be revoked for at least one year, depending on your past record and other factors. You may be eligible for a limited driving privilege. The terms of this privilege are largely within the discretion of the judge. Effective July 1, 2000, the General Assembly imposed new driving restrictions on some persons convicted of DWI. This new section does not lower the standard for DWI to .04 or .00. A violation results in a charge of driving while license revoked. The new law affects only persons who have an alcohol reading of .16 or greater, or who have another conviction for DWI within the past seven years. For the first year after the conviction, such persons may only operate a vehicle equipped with an ignition interlock system. The new law also imposes a .04 or .00 alcohol concentration standard (depending on the number of prior convictions) when such a person has his or her license reinstated. DWI - Should I Consult a Lawyer? ÊÊÊÊ A DWI charge is a serious matter and my advice is to hire a lawyer as soon as possible. This will allow your lawyer to help you get a pretrial limited driving privilege if you are eligible and to begin preparing your case. Consider hiring a lawyer who devotes a substantial portion of his or her practice to DWI cases in the county in which you were charged. A lawyer will help you decide if you need to file for a DMV hearing, help you evaluate your case to determine if you should plead guilty or not guilty, and make sure any limited driving privilege meets your needs, and generally guide you through the system.