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Charlotte DWI Lawyers

1. Dillenbeck Law: A DWI charge is a serious criminal offense carrying with it the possible loss of your driver's license, criminal fines, and jail time. Considering the magnitude in which a DWI conviction will impair your civil liberties, you owe it to yourself to hire strong legal counsel to represent your interests. At Dillenbeck Law, our attorneys are dedicated to protecting the legal rights persons charged with DWI. The attorneys of Dillenbeck law will work not only to ensure that your traffic stop and subsequent arrest for DWI were constitutional, but will also negotiate on your behalf for a more lenient sentence (i.e., a reduction in jail time or community service as well as a reduction in your fine). A DWI charge is a serious criminal offense carrying with it the possible loss of your driver's license, criminal fines, and jail time. Considering the severity of the punishment you will face if convicted of DWI, it is essential that you hire strong legal counsel to protect your interests.
2. Maxwell Lawfirm: Criminal Misdemeanor Charges ¥ DWI / DUI Defense ¥ Traffic violations/Infractions Ð speeding tickets, driving while license revoked, etc. ¥ Drug offenses ¥ Violent crimesÑ Assault, Battery, Petty Theft, ect. ¥ Property crimes ¥ Fraud ¥ Representing persons under investigation by state or local authorities.
3. DeCurtins Law Firm: Will I Face Jail Time? People who have been accused of DWI (often called "DUI") are often worried about facing jail time. North Carolina law recognizes five levels of DWI. Each one of these carries different consequences. For example, for a level one DWI, a minimum sentence is 30 days. In many cases, I can keep a client out of jail even on a Level 1 or Level 2 offense where an active jail sentence is mandatory. Consequences may also include community service, fines, alcohol assessment and follow through with recommended treatment. The consequences you may face in your situation depend on many factors. Prosecutors and judges may consider prior DWIs. They may also consider your blood alcohol content (BAC) at the time of the incident. In North Carolina, BAC for driving while intoxicated is .08, and higher levels may affect your case negatively.
4. Estwanik, Joseph: DUI DWI/DUI / Drunk Driving Driving after Consuming < 21 Open Container Open Container in Passenger Compartment of Vehicle (License Revocable Offense) Underage Possession of Malt Beverage Traffic Violations (both Criminal and Infraction) DWLR / Driving While License Revoked DWLS / Driving While License Suspended NOL / No OperatorÕs License Speeding Ticket & Other moving violations Reckless Driving Careless and Reckless Aggressive Driving Unsafe Movement HOV violation Improper Turn Stop Sign Violation DriverÕs License Restoration
5. Reece, Jason: DWI Driving while impaired (DWI) in North Carolina is a serious offense which can result in not only loss of license but community service, alcohol classes and fines. In certain cases, jail time can result. The maximum punishment for a DWI is two years imprisonment and a $2000 fine. There are many potential legal defenses to a DWI. Some include suppression of the vehicle stop, lack of probable cause, and suppression of the intoxilyzer results. DWIs can become complex with many technical legal issues involved.
6. Connelly, Christopher: A DWI conviction can have serious effects on your life. * A conviction for DWI will go on your criminal and driving record. * Your driver's license will be suspended for a period of time. * You may go to jail. * You will pay fines. * You may have an ignition interlock device installed at your expense. * You will be required to go to intervention programs and possibly further treatment. * Your automobile insurance rates may increase for several years. * Moreover, it may be difficult to obtain life insurance with a conviction for DWI.
7. Rawls, Dickinson & Scheer: Need Defense Against DWI Charges? Driving while impaired is considered a very serious offense by criminal prosecutors. Prosecutors and the courts will work hard to see that you are convicted and a judge will punish you severely for the crime. That punishment can mean loss of your driver's license, fines and even time in jail. If you have been accused of DWI, it makes sense to enlist an attorney who will take the matter just as seriously as the opposition. We encourage you to turn to someone who will stand up for you.
8. Rosensteel Fleischman: What is a North Carolina DWI In North Carolina the offense of Driving While Impaired (DWI), which is known in other states as Driving Under the Influence (DUI), has four elements that make up its definition. Thus, a person is guilty of a NC DWI if they: - Drive - A vehicle - On a highway, street or PVA - While under the influence of an impairing substance or with an alcohol to blood concentration of 0.08% or more at any relevant time after driving. N.C.G.S.20-138.1 While the legal limit of alcohol concentration in the blood is 0.08% many people donÕt realize you can be charged and convicted of a NC DWI with a blood alcohol content of less then 0.08%. This is because your blood alcohol content is only an indicator of whether you were impaired, it is not conclusive. As such, the state can attempt to prove its case by showing either that you had a blood alcohol concentration of 0.08% or more or that you were under the influence of an impairing substance. The DA is required to prove each element of their case before you can be convicted of a Charlotte DWI.
9. Heroy, Rob: DWI/DUI including driving while under the influence of alcohol or narcotics or driving after consuming while under 21 years of age (provisional DWI) Driving while License Revoked including assistance with cleaning up old tickets that have caused a license revocation and assistance with dealing with the DMV and potentially obtaining a limited driving privilege
10. Baucom, Claytor, Benton, Morgan & Wood: For each subsequent DUI/DWI and traffic violation conviction you receive, the penalties increase. You face a possible fine, jail time, probation, and the loss of your license. With recent changes in North Carolina drunk driving laws, it is even more important to contact a lawyer...
11. Arnold & Smith: Anyone who drives runs the risk of being accused of violating a traffic law. Not only does a traffic ticket create headaches, but it can also result in missed work, steep fines and increased automobile insurance premiums. In some cases, it can even result in a loss of driving privileges. A conviction for Driving While Impaired (DWI/DUI) can seriously affect your personal and professional life. If youÕre facing any of these charges, you need a lawyer who is experienced in dealing with this type of case. Proper legal representation may be able to help you: * Minimize or avoid insurance premium increases * Continue driving legally, avoiding license suspension * Get your driver's license back within 10 days of a DWI/DUI arrest * Prevent a suspension of your driving privilege or obtain a limited driving privilege after a DWI/DUI arrest
12. Molly Rogers: Many individuals who are pulled over are not aware that they are not legally compelled to submit to a field sobriety test. The police officers are in a position to identify any little mistake you make in order to charge you with a DWI. You have rights Serious Penalties A Driving While Impaired (DWI) or Driving Under the Influence (DUI) conviction has penalties that could have a serious impact on your life. License suspension, jail time, probation, fines, increased insurance costs, and even loss of employment are all potential consequences of a DWI. In North Carolina, when an individual has been charged with DWI, his or her license is automatically suspended for 30 days. After 10 days, an individual may be able to regain limited driving privileges for the final 20 days of the 30-day period. After 30 days, individuals can pay a fee for license reinstatement until the case is resolved. However, if you are found guilty, especially if this is not your first offense, you have the potential to lose your driver's license for an extended period of time. You need a committed advocate to relentlessly and aggressively defend you throughout every stage of the process.
13. Hatcher Law Office: DWI Charges The outcome of the case usually hinges on what happened when during your arrest. What facts do you recall? What questions did the officer ask you? Did you take a field sobriety test, like walking a straight line or closing your eyes and touching your nose? Did you take an alka-sensor or breath test on the road? Did the officer ever say why they pulled you over? After your arrest, did you take an intoxilyzer test? * Speeding * Hit and run * Driving while license is revoked or suspended * Reckless driving * Running red lights * Illegal street racing, also called drag racing * Fictitious or canceled tags Hidden Penalties Many people believe when you receive a traffic ticket, you pay the fine, and that is the end of it. That may be true for a parking ticket or your first low-level speeding violation. For other offenses, the consequences may be more severe. First, there are your insurance rates. Two speeding tickets or one serious violation like reckless driving can put you into the "risk" category. That can double your premiums--and keep them doubled--for many years. In addition, the court could suspend or revoke your driver's license for months, even years. Second, your license may be suspended or revoked. If you are a commercial driver, your livelihood is at risk. Even if you do not drive for a living, if you rely on your car to get to work, and are suddenly lose the ability to drive, you could wind up loosing your job.
14. Bell & Bell Law Firm: ...attorneys are well trained in determining whether the police have followed proper arresting procedures and proper evidence gathering techniques. For example, the arresting officer may have given you a field sobriety test, a breath test, and possibly a blood test. DWI laws are extremely detailed. Of course every case is different. In cases where the arresting officer did not comply with the DWI laws, your case may result in a ãnot guiltyä verdict. North Carolina takes DWI very seriously. Having a lawyer who is experienced and knows the intricacies of the DWI laws will make your court experience much more relaxing.
15. Annemarie Pantazis: Should I Consult a Lawyer? It is advantageous to have an experienced lawyer represent you in traffic court. In many cases, you will not have to appear in court, saving you time out of work. In addition, the District Attorney will be more willing to negotiate with an attorney than with an unrepresented person. Most importantly, an attorney will be able to advise you on the best way to handle your situation in order to avoid unnecessary DMV and insurance points.
16. J. Neal Rodgers: DUI / DWI in North Carolina North Carolina drunk driving laws have charges for both driving under the influence (DUI) and driving while intoxicated (DWI). A first conviction for a DWI means a mandatory license revocation for a year. Fines can range from $100 to $2000, and there are many other potential penalties.
17. Plumides Law Office:

    North Carolina DWI Laws

    North Carolina drunk driving laws are some of the toughest in the nation. Don't mess around - get a DWI attorney who knows what he's doing so you can go to court prepared and ready to defend yourself.

    Even if you are dealing with a first-time DWI / DUI arrest, the penalties can be severe, including:

    1. Mandatory 30 day revocation of your driver's license
       1. If you have no prior convictions, we can help you petition for a limited driver's privilege which would allow you to drive to work and back during the final 20 days of your mandatory 30-day revocation
    2. Up to 2 years in jail. First offenses may result in probation, but a 6-month jail sentence is not out of the question
    3. Mandatory ignition interlock device for drivers convicted of having BAC level of .16 or above

    In addition, if any aggravating circumstances are involved such as prior DWI convictions, minor children in the car, accidents involving serious injuries, and other factors, the penalty for DUI / DWI can skyrocket.

    Once convicted of DWI / DWI, the conviction stays on your record forever. A drunk driving conviction can never be removed from your record. Only a dismissal or a not guilty may be removed from your record by process of expungement. In North Carolina, you are entitled to expungement once in your lifetime, and many people who have been charged with DWI and their charge has been dismissed or have been found not guilty choose to have their DWI charge and arrest expunged.  Our North Carolina DWI attorneys can assist you with the expungement process so you can erase the public record of your embarrassing arrest and charge.

    Contact our experienced North Carolina DWI attorney today

18. Ross & Hoel:

    Traffic tickets cost you more than just the fine you pay. Don't just pay the ticket when a Traffic Ticket Attorney may well be able to in many cases is able to salvage your driving record and keep your insurance premium rates from skyrocketing. Traffic violations can have the following impact on:

    Driving record notations can haunt you for years to come and can also increase your penalty in future traffic offenses. The Non-Resident Violator Compact ensures that a suspended license or a ticket in North Carolina is reflected as a ticket or loss of license in every other state. Multiple tickets in different States can initiate an enforcement action.

    Insurance premiums can increase from 25% to 400% after a conviction and assignment of points. A single mile per hour difference in your speeding traffic ticket charge can cause a substantial increase in your NC insurance rates. Your insurance rates will affect you and the other drivers in your family or household.

    Loss of driving privileges can occur. A difference in a speeding charge or a single mile per hour more can mean losing your driving privileges.

    Loss of income can occur as a result of missed work due to a lack of transportation. Additional work can be lost due to court dates and hearings.

19. Smith & Smith: If you have received a traffic ticket, you should be aware that a conviction on this driving charge might affect the status of your driver's license. If your license is currently revoked or suspended, a conviction for a moving violation will extend the period of revocation for at least one year. Your automobile insurance rates are also likely to be affected. You need an experienced and aggressive advocate working for you.
20. Troy Watson: If you have been charged with driving under the influence (DUI) or driving while intoxicated (DWI), you need an experienced criminal defense lawyer representing you. A DUI / DWI conviction can result in a loss of driving privileges, harsh fines, and jail time. A drunk driving conviction will stay on your driving and criminal record permanently, making it difficult to find affordable insurance. The legal blood alcohol content (BAC) in North Carolina is.08% for drivers 21 and older. If you are under 21, it is illegal to operate a motor vehicle with any alcohol in your system. Even the most responsible people sometimes make a bad decision and drive after having a few drinks. The recent reduction of the legal limit from.10% to.08% has resulted in a dramatic increase in the number of DUI / DWI charges filed in North Carolina.
21. Yolanda Trotman: When you are arrested for Driving While Impaired, your driver's license will be suspended for 30 (thirty) days. However, you may be eligible for a Limited Driving Privilege for work purposes in as little as 10 (ten) days from the date of your arrest. This type of privilege will allow you to drive during the 30 (thirty) day period of suspension. The first conviction for Driving While Impaired will result in a suspension of your driver's license for a period of one year. However, if you had a valid driver's license, or a license that was suspended or revoked for less than one year, you may be eligible for a Limited Driving Privilege if your case is resolved through a finding of guilt. This will allow you to drive during your suspension period. There are a number of requirements you will have to meet to obtain a Limited Driving Privilege. ... Additional convictions for Driving While Impaired may not allow you to obtain a Limited Driving Privilege.
22. David Burgess: When you are charged with a criminal offense, you need a lawyer who is as driven to defend you as the prosecutor is driven to obtain a conviction. Are You in Danger of Losing Your North Carolina Driver's License? One of the primary concerns of most clients who are charged with "drunk driving" is the loss of his, or her driver's license and the freedom of mobility that comes with the privilege of owning and operating a motor vehicle. From the moment you are charged with a DUI/DWI you are faced with the possibility of having your North Carolina Driver's License suspended or revoked. You need the best drunk driving defense attorney available to ensure that you can continue to legally own and operate a motor vehicle.
23. Simmons & Associates: The crime of drunk driving is also known as "driving under the influence," or DUI, and "driving while intoxicated," or DWI. In some states, the crime may be known as "operating while intoxicated, or OWI, or "operating under the influence," or OUI. The names vary according to how state law refers to or defines the crime. Whatever the name, the state laws all have a common aim of punishing those who drink and drive, or those who drive while under the influence of illegal drugs. A drunk driving conviction carries with it serious and long-lasting consequences: jail or prison time, a heavy fine, and suspension or revocation of a driver's license. A person who is facing a drunk driving charge should not hesitate to seek immediate legal counsel from an experienced drunk driving defense attorney. Being charged with driving while under the influence (DUI / DWI) can be a frightening experience. Recent changes to the DUI /DWI law have greatly increased the potential consequences of a conviction for drunk driving. The law has also greatly increased the impact of breath (breathalyzer) tests. It is more important than ever to have aggressive representation on your side, if charged with DUI or DWI. License Revocation The first issue in most DUI / DWI cases to deal with is license revocation. Immediately after being arrested on a DUI / DWI charge, your license will be suspended for 30 days. After 10 days, you may be eligible for a limited driving privilege during the remainder of the 30 days. After 30 days, you can pay a fee and get your license back in full. If you are convicted, your license will be suspended again. Our attorneys can guide you through the confusing legal process and assist in obtaining a limited driving privilege. Fighting Charges vs. Minimizing Punishments In a majority of cases, though, the focus is to minimize punishments. If, for example, you go through a treatment program, a judge will consider that a mitigating factor that warrants a lesser sentence. Our attorneys will work hard to keep you out of jail, either by plea bargaining, enrolling you in alcohol treatment programs, or using other methods.
24. Leonard Kornberg: "Racial Profiling" is a term that describes an approach many law enforcement agencies have used when deciding whom they should search or investigate. According to the U.S. Supreme Court, racial profiling occurs when an officer implements a policy that has "a discriminatory effect and ... was motivated by a discriminatory purpose." Stated differently, racial profiling occurs when an officer, in forming the decision to investigate a crime or even merely detain an individual, bases this decision on a suspect's specific characteristics, such as color, race, or similar identifying factors (the individual's profile).
25. Barnett & Falls: In a landmark 1969 U.S. Supreme Court case, Chimel v. California, the Court held that law enforcement officers may conduct warrantless searches of arrested individuals and their immediate surrounding areas. This rule is known as the "search incident to an arrest" exception to the Fourth Amendment's prohibition against unreasonable searches and seizures. The rationale behind this decision is that officers should be protected from the danger that an individual could reach for a concealed weapon. The rule also serves to prevent the destruction of evidence. Such searches are not only considered to be an exception to the Fourth Amendment's general requirement that officers have warrants prior to conducting searches, such searches are also presumed to be "reasonable" as interpreted by the U.S. Supreme Court in United States v. Robinson (1973).
26. Knox Law Center: There is an inequality of power and material resources in the criminal justice system. The government has a large staff of lawyers, police and agents, sophisticated crime labs and experts, and a huge budget provided by the taxpayers. This gives them a tremendous advantage because the legal system is based on the premise that "the whole truth" is that presented at the trial. If a defendant cannot challenge the government's case, or submit his or her own witnesses, then the jury by default will probably accept as true whatever evidence the prosecutor produces. NC LAWS TOUGH ON DWI Impaired driving is a danger that rightly concerns us all. Every legislative session seems to bring a drumbeat for new laws increasing DWI punishment. But are our current laws really soft on DWI? LetÕs take a closer look. As an introduction to the attitude behind our laws, I first point to an illuminating example. In a provision unique to DWI, a prosecutor cannot dismiss or offer a plea bargain to a lesser charge unless he states in the record detailed facts explaining his reasons. Just citing "insufficient evidence" is not enough. This is an extraordinary intrusion by the legislature into the discretionary authority of our elected District Attorney. Upon just being charged, without yet having been convicted of anything, a defendant is subjected to a mandatory immediate 30-day driver license revocation in most circumstances. While a hearing can be requested, the revocation does not stop in the interim, the state may present its evidence by affidavit, and there is no appeal. An attorney can often obtain a limited driving privilege for the defendant after the first 10 days of the revocation, but only if the defendant obtains a substance abuse assessment, provides proof of insurance, and is otherwise eligible. North Carolina law also includes a "per se impaired" provision, which means that a driver can be convicted of DWI even if the state has no evidence that the driver is impaired. One can be completely sober, but nonetheless convicted of impaired driving if a breath or blood test indicates an alcohol concentration of .08 or more at any relevant time after the driving. The applicable limit is .04 for the driver of a commercial vehicle. (The issue of the fallibility of the Intoxilyzer machine is left for a future column.) Upon conviction of DWI, a defendant faces five different potential levels of punishment, ranging from the lowest, Level 5, up to Level 1. Under our sentencing structure, the court determines which level to impose by looking at a statutory list of factors that can aggravate and/or mitigate the culpability of the offender. The most important determination is whether any of four "grossly aggravating" factors exist: 1) a prior conviction for an impaired driving offense back to seven years before the date of the present offense; 2) driving while license still revoked for a previous impaired driving revocation; 3) serious injury to another person caused by the defendant's impaired driving; or 4) a passenger under age 16. If one grossly aggravating factor is found to exist, the defendant must be sentenced at Level 2. If two or more such factors are found, Level 1 must be imposed. If no grossly aggravating factors are present, then the defendant will be sentenced at Level 3, 4, or 5. Level 1 punishment includes a maximum imprisonment of up to 24 months, a mandatory minimum imprisonment of 30 days, and a fine of up to $4,000. The only possible exception to the minimum jail sentence is that, in some circumstances, credit can be given for inpatient alcohol treatment. Level 2 punishment is similarly structured, but includes corresponding values of 12 months maximum, 7 days minimum, and $2,000 fine. In each case, the court may impose other conditions through a probationary sentence in addition to the above. If no grossly aggravating factors exist, then the court must weigh simple aggravating and mitigating factors to determine whether to impose Level 3, 4, and 5 punishment. While the typical first offense sentence does not include active time, the court has authority to impose up to six months in prison. In addition to the judgeÕs sentence, upon conviction of DWI a defendant suffers an automatic revocation of his driver license imposed by the DMV. The minimum duration is one year; if the punishment was Level 3, 4, or 5, a limited driving privilege may be available. However, if the person committed a prior impaired driving offense within the previous three years the license revocation is four years, and with two or more prior offenses where the most recent occurred with the previous five years, the revocation is permanent. No limited privilege would then be available, but there may be an opportunity for an early return in certain circumstances. Even after restoration of the license, there can be continuing DMV restrictions, e.g., the requirement of an ignition interlock device that will not allow a vehicle to be started without first testing a breath sample. There are even more severe punishments in special circumstances. If the defendant has three or more prior impaired driving convictions within seven years, he commits the offense of Habitual Impaired Driving, a Class F felony which carries a mandatory minimum 12 months imprisonment and a permanent driver license revocation, with no opportunity for restoration. If a defendant causes an accident while driving impaired that kills someone, he is guilty at a minimum of Felony Death By Vehicle, a Class G felony carrying a maximum of 44 months in prison, and may even be subject to a charge of Second Degree Murder. The DWI laws in North Carolina are complicated and tough. The above is intended as just a short summary of some of the provisions. If you find yourself accused, consult your attorney as soon as possible. Even if you cannot win the case, there is much room for an experienced attorney to lessen the impact on both your freedom and your ability to drive. Indeed, in a topic to be discussed in a future column, I have been able to successfully challenge the constitutionality of some of these sentencing statutes with regard to the imposition of grossly aggravating and simple aggravating factors, based on recent Supreme Court decisions.
27. Jason Reece: Traffic violations can have serious criminal consequences, particularly when a driver is accused of Driving While Impaired. A conviction on DWI charges will result in fines, driver's license suspension or revocation, and possibly land you in jail. In addition, your insurance company may increase your rates to an unmanageable level. In order to minimize your risk in this type of preceding it is in your best interest to hire a lawyer. There are certain rights that you have as a defendant in a DWI case that you may not be aware of. There are also, in certain cases, procedures in place to allow you to drive during these proceedings...
28. Christopher Connelly: There are many reasons why a police officer may stop you, and they may not be valid, such as an invalid DWI checkpoint.  Sometimes the officer may allege "bad" driving, but an attorney knows that his idea of Òbad drivingÓ may be legally permissible.
29. Mark Foster: The court never requires anyone to have an attorney. However, you are almost always better served by having one, even in traffic ticket and DWI cases. Prosecutors will take advantage of you if you are not represented by an attorney and you may not receive an important dismissal of excess charges or a reduction in the speed on your ticket which without such action can lead to increased insurance points and insurance premiums. It can also lead to increased driver's license points and loss of your driver's license. DWI cases are not always cut and dried. An experienced criminal defense attorney can evaluate your case and determine whether there are any defenses. If there are no defenses, a good attorney can help minimize the serious sentencing consequences you face and to obtain a limited driving privilege for you.
30. Charles Morgan: Both DWI judicial hearings and DMV administrative hearings are quite technical, and above the knowledge and abilities of the average unrepresented defendant. If your case is not handled properly, not only could you lose your license, but also you could go to jail or prison for up to 2 years.
31. Bush & Powers: Many people drive after drinking, not knowing that "drunk driving" is different from "impaired driving." Due to changes in the law, even first time offenders can get an active jail term or be required to have an Interlock Device installed in the car. Because of the VERY serious consequences associated with DWI's, you cannot afford to take a chance in selecting an attorney. Why You Need A Lawyer A research study conducted by the CBA/26th Judicial Partnership Project analyzed public perception of Mecklenburg County Courts. In part, it was determined: Having an attorney has an impact on the outcome of cases. Among those involved with the court system, a rather shocking conclusion evolved: Many defendants do not understand how the court system works or what ÔhappenedÕ to them in court. The Perception Survey found that 32.7 percent of those charged disagreed with the statement that they understood what occurred in the courtroom. Put simply, a considerable number of people who have had past experiences with the court system did not understand what happened. That is a disturbing conclusion, in that a conviction for DWI carries with it a mandatory license suspension for one year, costs of court, and fines. Courts can require community service, jail time and supervised probation when deemed appropriate... even on a first offense. The Defense of Your DWI Charge Effective defenses are available in DWI cases, despite recent changes to the law. Now, more than ever, the knowledge, training and experience of your DWI attorney are important.