Charlotte DWI Lawyers
- Walker Flanary:
Criminal punishment may include execution, loss of liberty, parole or probation, or fines. Criminal law also know as penal law is enforced by the government. Criminal law is distinctive for the uniquely serious potential consequences of failure to abide by its rules. Five objectives are widely accepted for enforcement of the criminal law by punishments: retribution, deterrence, incapacitation, rehabilitation, and restitution.
- Stone & Witt:
Penalties for DWI are becoming more harsh almost every year. If you find yourself charged with Driving while Intoxicated in North Carolina you should seek legal counsel immediately.
- Ledford, Joseph:
Criminal Law
Driving While Intoxicated
Traffic Offenses
Drug Crimes
Personal Injury
- Jetton & Meredith:
A DUI can have serious implications for your financial security, your ability to drive, and your career.
- Rech, Kate:
Driving While Impaired (DWI)
In North Carolina, a Driving While Impaired ("DWI") offense requires that a person be driving, a vehicle, on a highway, street, or public vehicular area, while under the influence of an impairing substance or with an alcohol to blood concentration of 0.08% of more at any relevant time after driving.
A DWI offense can carry severe penalties if you are convicted. This is something that you should not face alone. DWIs carry a mandatory sentence of license suspension for a period of one year, as well as court costs and fines. Additionally, a court can mandate community service, supervised probation, and even jail time.
The District Attorney is required to prove each element of a DWI to support a conviction. He or she must be held to that burden, and ensure that your constitutional rights are protected. There are several defenses that must be considered in a DWI case. Please call today to come in for a free consultation.
Common Questions We Can Discuss Include:
* My license was suspended for 30 days, is there anything I can do to get it back during this time?
* What will happen to my license?
* Should I have submitted to the Intoxilyzer?
* Can I face jail time?
* If I blew under .08, will my case just be dismissed?
* What kind of defenses may be available to me?
- Strickland, David:
In addition to driving under the influence of alcohol and driving under the influence of drugs, a third "DUI" offense consists of driving under the combined influence of alcohol and other drugs. The drugs causing or contributing to the impairment need not be illegal, but can consist of lawfully prescribed or over-the-counter medication. Drunk-driving is responsible for a large number of deaths, injuries, damage and accidents every year. In most international jurisdictions, anyone who is convicted of injuring or killing someone while under the influence of alcohol or drugs can be heavily fined, in addition to being given a lengthy prison sentence.
The specific criminal offense may be called, depending on the jurisdiction, driving while intoxicated (DWI), driving while impaired (also DWI), operating while intoxicated (OWI), operating a motor vehicle while intoxicated (OMVI), driving under the influence [of alcohol or other drugs] (DUI), driving under the combined influence of alcohol and/or other drugs, driving under the influence per se or drunk in charge [of a vehicle]. Such laws may also apply to boating, piloting aircraft, and even bicycling in some states such as California.
Historically, guilt was established by observed driving symptoms, such as weaving; administering field sobriety tests, such as a walking a straight line heel-to-toe or standing on one leg for 30 seconds; and the arresting officer's subjective opinion of impairment. Starting with the introduction in Norway in 1936 of the worldÕs first per se law which made it an offense to drive with more than a specified amount of alcohol in the body, objective chemical tests have gradually supplemented the earlier purely judgmental ones. Limits for chemical tests are specific for blood alcohol concentration or concentration of alcohol in breath.
Today's statutes commonly provide for two separate and distinct criminal offenses. The first is the traditional "drunk driving" offense, consisting of driving under the influence of alcohol and/or drugs. Evidence to support this crime generally comes from the officer's observations (erratic driving, slurred speech, unsteady gait, etc.), performance on field sobriety tests, and a legal (and generally rebuttable) presumption of intoxication from a blood alcohol test result over the legal limit. The second offense is the more recent so-called "per se" offense: rather than focusing on impairment the crime consists entirely of having a given Blood Alcohol Content (BAC) at the time of driving, regardless of the individual's tolerance to alcohol. Both offenses may be charged, and the defendant may be convicted of both; if a blood alcohol test result was not obtained, only the traditional "DUI" offense will be charged. Since 2002 it has been illegal in all 50 US states to drive with a BAC that is 0.08% or higher.
- Shelburn, Christopher:
An arrest for Driving While Impaired "DWI" in Charlotte can be a
frightening and confusing experience. A knowledgeable DWI Attorney can
guide you through the Mecklenburg County Court system, while protecting
your legal rights and helping you to maintain your driving privileges.
In some cases, clients need an aggressive defense to fight their
charges in court. In other cases, the goal is to minimize punishments
and costs our clients face. North Carolina DWI law is extremely complex.
We have the knowledge and experience to choose the strategy that fits
your situation. We will handle your case in the manner that is to your
best advantage.
License Revocation
The first concern for many clients charged with DWI / DUI is license
revocation. In North Carolina, your license is immediately suspended for
30 days after being arrested on a DUI / DWI charge. 10 days after
arrest, you can file an application for a limited driving privilege that
will last through the 30 day period. After 30 days, you can pay a
reinstatement fee at the courthouse to get your license back in full. If
you are convicted, your license will be suspended again. We can assist
you in this confusing legal process of license revocation and
reinstatement and handle your application for a limited driving
privilege.
DWI in North Carolina Changes to the DUI /DWI law have greatly increased
the potential consequences of a conviction for drunk driving. In recent
years, we have seen a push for stiffer penalties and higher conviction
rates in North Carolina drunk driving cases. The public pressure on
local courts and law enforcement officials has increased the need for
experienced defense of DWI charges. It is more important than ever to
have aggressive representation on your side.
"What is a North Carolina DWI?"
In North Carolina, the offense is called Driving While Impaired (DWI)
rather than Driving Under the Influence (DUI) as in some other states.
To be found guilty of a NC DWI, the state must prove a defendant:
- Drove
- A vehicle
- On a highway, street or public vehicular area
- 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
(Blood alcohol content is only an indicator of whether you were
impaired, it is not conclusive. Therefore, 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. You can be charged and convicted of a NC DWI
with a blood alcohol content of less then 0.08%.)
First North Carolina DUI/DWI Offense:
North Carolina Criminal Status: Misdemeanor.
Jail: There are five sentencing levels for DWI's, ranging from Level
1, the most serious, to Level 5, the least serious. 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, whether you obtained a substance abuse
assessment prior to court, if a child under 16 was in the car, and
your driving record. Jail time is:
* Level 5: 24 hours to 60 days * Level 4: 48 hours to 120 days *
Level 3: 72 hours to 6 months * Level 2: 7 days to 1 year ¥ *
Level 1: 30 days to 2 years
North Carolina DUI/DWI Fines/Costs: There are five sentencing levels
for DWI's, ranging from Level 1, the most serious, to level 5, the
least serious. 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, whether you obtained a
substance abuse assessment prior to court, and your driving record.
Fines for the levels are:
* Level 5 Ð not more than $200 * Level 4 Ð not more than $500 *
Level 3 Ð not more than $1,000 * Level 2 Ð not more than $2,000
* Level 1 Ð not more than $4,000
There are no mandatory minimums.
North Carolina License Suspension: Generally, 6 months to one year
at the courtÕs discretion.
Violation of Zero Tolerance Law: Class 2 misdemeanor and one year
license suspension. Treated as a ÒtraditionalÓ DUI for all other
purposes under North CarolinaÕs ÒlevelÓ punishment system and DUI
school requirements.
North Carolina Conditional License: Limited driving privileges may
be granted after 10 days of the 30-day pre-trial revocation if
drivers do not have a prior conviction for an offense involving
"impaired driving" and they agree to participate in a substance
abuse training or treatment program.
After conviction, limited driving privileges may be issued at the
discretion of the court if an offender is not punished at either
Level 1 or 2, did not refuse the implied consent test and has agreed
to participate in substance abuse training or treatment. Under
separate provisions, if an offender refused the implied consent test
and has not had a previous test refusal or DWI conviction within 7
years, a limited driving privilege license may be issued after a 6
month revocation period.
Note: After an offenderÕs license has been restored, a restriction
is placed on the license prohibiting driving with a BAC level at or
above .04 for a 1st restoration and with any alcohol in the system
for a 2nd or subsequent restoration. These restrictions are in
effect for 3 years unless the offenderÕs license was permanently
revoked but could be restored. The restriction appears on the back
of the driverÕs license and is in the driverÕs license record. A
violation of the restriction is an implied consent offense. A
violation of the restriction will result in at least a 1-year
revocation.
Vehicle Impound: Yes. Up to 10 days and offender must pay impound
fees.
North Carolina DUI/DWI School: North Carolina requires attendance at
alcohol safety school and/or substance abuse treatment for all DUI
convictions. Alcohol and Drug Education Traffic School (ADETS) is
the level you are assigned to if you have never had a DWI or
drinking and driving offense, had a Breathalyzer reading of .14 or
less, did not refuse the Breathalyzer, and the you initial
assessment does not find an alcohol or drug abuse problem. ADETS is
a 10-hour program with a cost of approximately $75.00. Check with
the Department of Transportation for a list of approved DUI//DWI
schools.
North Carolina Probation: Probation is possible depending on the
judge and individual circumstances.
North Carolina Community Service: Community service may be used in
lieu of incarceration for Level 3, 4, or 5. It is used at the
discretion of the court for Level 1 or 2. Depending upon the level
of conviction, community service of between 24 Ð 72 hours may be
imposed and must be completed within a specific time period.
Second North Carolina DUI/DWI Offense Plus:
North Carolina Criminal Status: Misdemeanor.
Jail: There are five sentencing levels for DWI's, ranging from Level
1, the most serious, to level 5, the least serious. 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, whether you obtained a substance abuse
assessment prior to court, if a child under 16 was in the car and
your driving record. Jail time is:
* Level 5: 24 hours to 60 days * Level 4: 48 hours to 120 days *
Level 3: 72 hours to 6 months * Level 2: 7 days to 1 year *
Level 1: 30 days to 2 years
North Carolina DUI/DWI Fines/Costs: There are five sentencing levels
for DWI's, ranging from Level 1, the most serious, to level 5, the
least serious. 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, whether you obtained a
substance abuse assessment prior to court, and your driving record.
Fines for the levels are:
* Level 5 Ð not more than $200 * Level 4 Ð not more than $500 *
Level 3 Ð not more than $1,000 * Level 2 Ð not more than $2,000
* Level 1 Ð not more than $4,000
There are no mandatory minimums.
North Carolina License Suspension: Generally, 6 months to one year
at the courtÕs discretion. The post-conviction mandatory minimum
revocation period is 1 year for most 2nd and subsequent offenses
that do not fall into the following: 2nd offense within 3 years = 2
years.
Violation of Zero Tolerance Law: Class 2 misdemeanor and one year
license suspension. Treated as a ÒtraditionalÓ DUI for all other
purposes under North CarolinaÕs ÒlevelÓ punishment system and DUI
school requirements.
North Carolina Conditional License: Limited driving privileges may
be granted after 10 days of the 30-day pre-trial revocation if
drivers do not have a prior conviction for an offense involving
"impaired driving" and they agree to participate in a substance
abuse training or treatment program.
After conviction, limited driving privileges may be issued at the
discretion of the court if an offender is not punished at either
Level 1 or 2, did not refuse the implied consent test and has agreed
to participate in substance abuse training or treatment. Under
separate provisions, if an offender refused the implied consent test
and has not had a previous test refusal or DWI conviction within 7
years, a limited driving privilege license may be issued after a 6
month revocation period.
Note: After an offenderÕs license has been restored, a restriction
is placed on the license prohibiting driving with a BAC level at or
above .04 for a 1st restoration and with any alcohol in the system
for a 2nd or subsequent restoration. These restrictions are in
effect for 3 years unless the offenderÕs license was permanently
revoked but could be restored. The restriction appears on the back
of the driverÕs license and is in the driverÕs license record. A
violation of the restriction is an implied consent offense. A
violation of the restriction will result in at least a 1-year
revocation.
Vehicle Impound: Yes. Up to 10 days and offender must pay impound
fees.
North Carolina requires attendance at alcohol safety school and/or
substance abuse treatment for all DUI convictions. Alcohol and Drug
Education Traffic School (ADETS) is the level you are assigned to if
you have never had a DWI or drinking and driving offense, had a
Breathalyzer reading of .14 or less, did not refuse the
Breathalyzer, and the you initial assessment does not find an
alcohol or drug abuse problem. ADETS is a 10-hour program with a
cost of approximately $75.00. Check with the Department of
Transportation for a list of approved DUI//DWI schools.
North Carolina Probation: Probation is possible depending on the
judge and individual circumstances.
North Carolina Community Service: Community service may be used in
lieu of incarceration for Level 3, 4, or 5. It is used at the
discretion of the court for Level 1 or 2. Depending upon the level
of conviction, community service of between 24 Ð 72 hours may be
imposed and must be completed within a specific time period.
Other:
Commercial Vehicle: 0.04 BAC level, one year license revocation. A
notation is placed on a commercial license after a DUI conviction for
two years stating that the driver violated the state DUI law.
Under Age: 21
North Carolina Open Container Laws: Yes, driver and passenger. Class C
misdemeanor for 1st offense, class 2 misdemeanor for 2nd offense. Fines
up to $1,000.
How long does a DUI/DWI stay on your record? A DUI/DWI in North Carolina
stays on your driving record for 7 years.
Driver Responsibility Tax: N/A.
Ignition interlock device program: Mandatory for 2nd or subsequent
offenders or for any offender convicted at a BAC level of .16 or above
upon license reinstatement for 1 year if the revocation period was for 1
year, 3 years if the revocation period was for 4 years, and 7 years if
the license was permanently revoked but was able to be restored. May be
required for any offender eligible for restricted driving privileges.
More North Carolina DUI Information - North Carolina DUI Lawyers &
Convictions - North Carolina DUI Statutes, Resources - Do you need a DUI
Lawyer? - Post your Case to an North Carolina DUI Attorney. No Cost. No
Obligation. What Happens When You Get Stopped for Drunk Driving? FREE
Case Evaluation From An Experienced DUI/DWI Attorney.
Getting stopped for drunk driving (commonly referred to as ÒdwiÓ Ð
driving while intoxicated or ÒduiÓ Ð driving under the influence) is a
serious offense and can have different consequences depending upon where
you live. All 50 states have Òper seÓ laws defining it as a crime to
drive with a blood alcohol content (BAC) level at or above the
prescribed threshold level. At the time of this writing (May, 2007),
every state has set this level at 0.08 percent. However, some states
have enacted zero tolerance laws that lower that level for underage
drivers and high BAC laws that impose harsher penalties for those caught
with levels of .16 to .20.
Getting stopped. When youÕre stopped for drunk driving (or for something
else and a police officer has reason to believe youÕve been drinking),
you will generally be required to take a sobriety test (blood, breath or
urine) to determine your BAC level. Most states have implied consent
laws which means that you must comply with a test or face fines and/or
license suspension Ð sometimes right on the spot - for refusing to take
the test. Some states have abandoned the urine test due to reliability
issues. The driver usually gets his choice of the available tests. Which
test should you choose? That depends. A breath testing machine may be
easier to fault for accuracy than a blood test, but a breath testing
machine cannot test for the presence of drugs. You must remember that a
DWI can also be Òunder the influence of drugs.Ó
What happens next? If you refuse the test or are found to have a BAC
over the state limit, chances are youÕll be taken into custody and
brought to a police station where youÕll be held until someone can pick
you up, or until next morning when you have sobered up. In addition,
your license may be temporarily suspended and your vehicle may be
impounded for a period of time after the incident. However, these
penalties seldom apply to refusing to perform FSTÕs (field sobriety
tests), which are the physical coordination tests an officer has you
perform.
Going to court. Aside from a possible administrative hearing that
reviews the circumstances surrounding your arrest to see if your license
should be administratively suspended (as opposed to suspended by the
Court), you must generally go to court where a jury or judge will decide
your fate. In any criminal case, including DWIÕs, you have the right to
a jury trial, but once convicted, it is up to the judge what punishment
you will receive. In many states there are mandatory punishments and
consequences that deny the judge any discretion as to the punishment if
your BA is of a certain level, or if you have refused to take a
mandatory test. Generally, for each prior conviction of DWI within the
previous 5-10 years, the punishment will become progressively severe,
and these may also be mandatory minimum sentences.
If youÕre found guilty, most courts will:
* impose fines (and some add on an additional driver responsibility
tax)
* suspend or revoke your license (Motor Vehicle Dept. May do so even
if Court does not)
* require participation in a drunk driver education program
* add points to your license (and your insurance will most likely
increase)
* sentence you to jail or require community service work as an
alternative
* put you on parole (called ÒprobationÓ in some states)
* impose various statutory fees intended to offset the stateÕs
budget expenses on DWI cases
In addition, some judges and some states may require you to participate
in alcohol or drug treatment programs as part of a parole program or
have an ignition interlock device installed on your vehicle. You may
also receive as a condition of parole (probation) that you not drink any
alcoholic beverage while on parole, or not even enter a tavern.
Getting your license back. Some states allow for provisional,
conditional, hardship or temporary licenses. This varies greatly by
state, judge and circumstances and is often granted only with
participation in an education program or by showing a family hardship.
You may also have to show proof of liability insurance to get your
license back. What to do? Make sure you know your state's law on drunk
driving and consider hiring a lawyer to assist you through the process.
Many lawyers limit their practice to drunk driving, know the system and
may provide a free consultation. Click to find a DUI attorney in your
location or post your case to an attorney.
Most adults in North Carolina need to be able to drive Ñ to work, to
doctors' appointments, to school, to meet family and community
obligations. Too many traffic tickets or a DWI conviction can mean a
loss of driving privileges, an increase in insurance rates and a public
record that can harm your reputation. DWI Defense á Traffic Ticket
Defense
What can you do when you have accumulated too many points on your
driver's license? Contact an attorney who understands your needs as well
as the court's concerns. There is rarely a dispute over facts: a car was
clocked doing a certain speed, for example. But what can be negotiated
is how the case is resolved. Drunk Driving, a Life-Altering Charge
If you have been arrested for DWI, you probably know that DWI is a
serious charge. If convicted, you could lose your license for a year.
For many people, that can mean losing a job, health insurance and
pension benefits. With so much on the line, you need a DWI defense
lawyer who knows the rules and knows what to look for in a DWI case. Was
the stop constitutional? Did the officer have probable cause? We have
the experience it takes to investigate, find the weaknesses in a case,
protect your rights and work for a resolution in your best interest. DMV
Hearing, Petition for Driving Rights
A bunch of speeding tickets or a DWI conviction can mean a driver's
license suspension. Our law firm can petition the Department of Motor
Vehicles (DMV) for a special hearing where we can explain why you need
to drive. Personal Service, Experience, Creative Solutions
If you have been arrested on a drunk driving charge, if you have too
many tickets (and points on your license), contact an experienced
defense attorney. In criminal defense cases, we offer a free initial
consultation.
Charlotte DWI/DUI and Probable Cause
There are very few Charlotte NC DWI/DUI cases where a warrant to arrest
has been issued, therefore the officer typically needs to demonstrate
Òprobable causeÓ to arrest the driver.
Probable Cause has been defined by the NC Courts as Òa reasonable ground
of suspicion supported by sufficiently strong circumstances to warrant a
cautious man in believing the accused to be guilty.Ó
In looking at a specific case and set of facts a Judge has to determine
whether the facts support the officer in believing the driver of being
guilty of Driving While Impaired. If those facts cannot be established
and the officer arrested the driver anyway then the driverÕs
Constitutional rights have been abridged. In that case the arrest is
deemed unconstitutional and any evidence gathered as a result should be
excluded. That usually means the case will be dismissed.
A Charlotte DWI attorney will review your case to determine whether
your Constitutional rights have been infringed. If your rights have been
violated we will fight to have your case thrown out.
One of the first areas a Charlotte DWI/DUI attorney will look at is
whether there was ÒReasonable SuspicionÓ to pull you over in the first
place, prior to being charged with your NC DWI/DUI.
In North Carolina an officer can stop you if he witnesses criminal
conduct. In other words if you break a traffic law the cop can pull you
over.
If, however, you have not broken any laws, the officer may conduct a
brief investigatory stop only if there are specific, articulable facts
that the officer can point to that allow him reasonably to Òconclude in
light of his experience that criminal activity may be afoot.Ó If the
officer does not have these type of facts then the stop is
unconstitutional and any evidence gathered as a result should be
excluded.
In other words, if the officer canÕt justify the initial stop then the
rest of the process is invalid which usually means the NC DWI case has
to be dismissed.
In North Carolina DWI/DUI cases a Charlotte DWI/DUI attorney will
review your case to determine whether your Constitutional rights have
been infringed. If your rights have been violated we will fight to have
your case thrown out.
THE QUESTION
What do I say when IÕm pulled over for a DWI/DUI in Charlotte
(Mecklenburg) North Carolina?
THE ANSWER
First, you have the right to remain silent. You donÕt have to answer any
questions that the officer asks you about drinking or your other
activities that evening. Any statements you make to the officer are sure
to be used against you in court at a later time. Secondly, be polite.
Erratic or emotional behavior is a sign of impairment that can be used
against you in court. Additionally the officer you are speaking with is
a hard-working professional who deserves courteous responses.
THE QUESTION
Do I have to perform the field sobriety tests when IÕm pulled over for
Drinking and Driving in North Carolina?
THE ANSWER
You are under no obligation to perform field sobriety tests. In fact,
any mistakes you make on the tests (called Standardized Field Sobriety
Tests) will be used against you in court. These tests can also be used
to establish ÒProbable CauseÓ to arrest you.
THE QUESTION
Can I refuse the roadside alcohol test when IÕm stopped for a Driving
While Impaired (DWI) in North Carolina?
THE ANSWER
You are under no obligation to perform the roadside test for alcohol.
You are free to refuse it just as you are free to refuse the other
roadside tests. The result of that roadside alcohol test can be used
against you in court to establish Probable Cause for arrest and to
establish the presence of alcohol in your system, however the exact
reading is not admissible.
THE QUESTION
Can I refuse to ÒblowÓ at the station when IÕm arrested for a North
Carolina DWI/DUI?
THE ANSWER
You may refuse the breath test in North Carolina DWI arrests. However,
there are some consequences to that decision. The first thing to note is
that the officer can still demand a blood test. An officer will
frequently do that if thereÕs been an accident, or an injury. The second
factor to note is that without an alcohol reading it is often much more
difficult for the state to prove the case against you. With that in mind
you should also know that the court can consider your refusal of the
test as an adverse factor in determining your guilt. The North Carolina
DMV will suspend a driverÕs license for one year for refusing the breath
test. The driver will also not be eligible for a Òlimited driving
privilegeÓ to drive to and from work for the first six months of that
suspension.
THE QUESTION
Is video made of my arrest for an NC DWI?
THE ANSWER
Frequently there is video available from the officerÕs car and from the
breath testing room. It is important to retain an experienced Charlotte
DWI/DUI attorney immediately to prevent the destruction of the video
which may aid in your defense.
THE QUESTION
When in this process should I call a friend?
THE ANSWER
You should contact a friend or family member as early and as often as
possible. It is in your best interest to have independent witnesses who
are not law enforcement to witness your conduct.
- Shumate Law Offices:
A DWI / DUI conviction can have substantial effects on your life and the lives of your family members. At the very least a DWI / DUI conviction will go on your criminal and driving record. You will face a license suspension and you may go to jail. Undoubtedly, there will be hefty fines and court fees to pay, and your auto insurance will increase substantially. This is why it is important to have a qualified Charlotte DUI legal team behind you, to not only handle the administrative aspect of dealing with the DMV and your license status, but also in your defense of the criminal DWI / DUI charges.
- Oldham, Charles:
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Law Suits
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Traffic Violations
- Downer, Walters & Mitchener:
Whether this is your first offense or a repeat incident, being arrested for drunk driving has serious consequences on your life and driving privileges. You could be facing jail time, fines, and license revocation.
- Oberbauer 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?
- Smith, Jeffrey:
If you have been arrested for driving under the influence, you are more than likely worried about having to go to jail or prison, the loss of your driving privileges, and the amount of money that the arrest will cost you in terms of fines, court costs, and increased insurance rates. In these difficult times, a highly-qualified and experienced DUI/DWI lawyer can help you fully understand your legal options.
- Fuller, Walker & Owen:
* Traffic Violations
* DWI/DUI
* State Drug Crimes
* Felonies and Misdemeanors
* Robbery
* Sex Offenses
* Homicide
* Post-Conviction Issues
* Expungements
- Ibsen, Carilyn:
Being arrested for driving while intoxicated (DWI) can have severe consequences. License suspension, fines and jail time are just a few of the penalties a person may face for a DWI conviction in Mecklenburg County, North Carolina. For these reasons, it is important to work with a Mecklenburg County DWI attorney who can assist in your defense and release you from this unfortunate situation.
Media attention, lobbying groups and the public nature of tragedies involving drunk driving have promoted not only strict legislation in regards to driving while intoxicated offenses in North Carolina, but these forces have made law enforcement quick to respond to any driver suspected of drinking and driving. A DWI defense lawyer plays a crucial role in protecting the rights of drivers who have been accused of driving while intoxicated.
An effective defense attorney will analyze every piece of evidence in a DWI case. An effective defense attorney will treat each case independently, looking for mistakes, common and uncommon, that police officers make. If the case involves a checkpoint, the location of the checkpoint should be visited by the attorney and photographed. Any video should be reviewed carefully. All paperwork must be fully examined including calibration records for breath machines. A successful attorney will have another attorney, whom they respect, also review the case. More than one set of eyes should look at every case.
You can be charged with driving under the influence if found driving with an alcohol concentration of .08 or more at any relevant time after a police officer or other individual saw you driving. You can also be charged if you are found driving while under the influence of a prescription drug or any controlled substance that affects your ability to drive safely.
Most driving while intoxicated, DWI, cases involve alcohol. If the State can show the defendant had .08 or more alcohol concentration when the blood or breath test was taken, as long as the alcohol was in the system when accused drove, the state has a viable case. Moreover, even if the defendantÕs blood/breath result was less than .08, the defendant can still be convicted of DWI if the police officerÕs testimony includes facts that the defendant was impaired for purposes of driving. A judge would look at how the defendant was driving, his/her performance on field sobriety tests, and objective symptoms of intoxication such as bloodshot eyes, difficulty standing and an odor of alcohol on the person's breath.
DWI/DUI cases in Mecklenburg County, North Carolina, roadside sobriety testDefenses to DWI/DUI cases in North Carolina include a bad stop, meaning the police officer did not have a good reason to stop the accused; the license checkpoint did not meet standards set forth under the United States Constitution and the Fourth Amendment; the arrest was unlawful or lacked probable cause; the client burped, vomited, or regurgitated prior to giving a breath test; or the paperwork was completed incorrectly. These are only some defenses to a DWI or drunk driving case in Mecklenburg County.
These cases are usually filed as misdemeanors. Punishments for DWI range from a suspended jail sentence (meaning you will not have to serve any jail as long as you complete terms of your probation) to actual jail time.
Habitual Impaired Driving will be alleged if the accused has been convicted of three or more offenses involving impaired driving within ten years of the date of the recent arrest. This is treated as a felony offense with the potential for substantial jail time.
Facing DUI charges in Mecklenburg County? Consult a Mecklenburg County DWI defense lawyer as soon as possible in order to protect your rights and your future. An experienced lawyer can provide aggressive negotiation and litigation and help you reach the best outcome possible for your case.
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