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Greensboro DWI Lawyers

1. Clifford Clendenin & O'Hale: What Should I Do If I Get Stopped for DWI Should you be stopped on for suspicion of Driving While Impaired, the best thing you can do is arm yourself with knowledge. If you know what is happening and what to expect, you can make better decisions about how to handle the situation and will have a better understanding of what your rights are and what the ramifications of your decisions may be. When You Are Stopped: Generally speaking in North Carolina, a law enforcement officer may stop or ÒseizeÓ a person if they have a Òreasonable articulable suspicionÓ that the person is involved in criminal activity (such as driving while impaired), or if they have probable cause to believe that the person has committed a readily observable traffic violation (such as speeding, running a stop sign, etc.). Most DWI investigations begin in this manner, but there are many other ways that a person may become the subject of a DWI investigation without being stopped by a law enforcement officer, such as being involved in an accident where 911 is called or by driving through a checkpoint. Once you have been targeted as someone who may be driving while impaired, most law enforcement officers will ask you to perform a number of Òfield sobriety testsÓ to confirm or deny their suspicion of impairment. These test may include, but are not limited to the following: The Walk and Turn Test - where you may be asked to take 9 heel to toe steps down a line, turn in a specific manner, and walk back down the line in the same manner, without stepping off the line, missing a heel to toe, using your arms to balance yourself, taking the incorrect number of steps, or performing the turn in a manner inconsistent with the way the law enforcement officer demonstrated; The One Legged Stand Ð where you may be asked to raise one foot off of the ground 6-12 inches and hold it up while you maintain your balance without using your arms and count out loud for thirty seconds; The Finger to Nose Test - where you may be asked to extend either of your arms to your side, sweep the arm to your front, then curl your arm inwards and touch the tip of your nose; The Horizontal Gaze Nystagmus Test Ð where you will be asked to follow a stimulus with your eyes so that the law enforcement officer may gauge the presence of Ònystagmus,Ó or involuntary jerking, of your eyeballs as you track the stimulus with your eyes; The Alphabet Test Ð where you may be asked to say only part of the alphabet, starting with a specific letter and ending with a specific letter; and The Alcosensor Test Ð not to be confused with the intoxi-meter test- which is the breath alcohol test that will be administered after you are arrested and have been advised of your rights in regards to that test,- the alcosensor test is a handheld breath test administered in the field, the numerical results of which are generally not admissible in court; You do not have to take these tests. If you refuse to take them, the fact that you refused may be used against you at trial, but you will not lose your license for refusing to take a field sobriety test, including the alcosensor test. If you decide to take the tests, make sure to listen to the instructions and follow them strictly. Any failure to follow the exact instructions will be used against you as a sign that you are mentally impaired. If you suffer from any physical ailments that may inhibit your ability to perform these tests, now would be the time to mention them. These tests are performed to help the officer develop probable cause to arrest you. Probable cause will be based on the circumstances under which you were stopped, your performance on the field sobriety tests, and the law enforcement officerÕs observations while interacting with you. Keep in mind that during the entire investigation, a good law enforcement officer will keep notes as to anything that they are hearing, seeing, and smelling that may indicate that you are impaired. Some examples of what an officer may observe that could be used to establish probable cause are any evidence of bad driving, blood shot or glassy eyes, an odor of alcohol on oneÕs breath, slurred speech, flushed face, inability to follow directions, failed field sobriety tests, problems walking or standing still, problems exiting the car, and oneÕs inability to produce driverÕs license or registration, etc. Once the law enforcement officer has probable cause to believe that you are committing the offense of driving while impaired, you will be arrested and taken downtown. When You Are Arrested: Unlike what you see on TV and in the movies, being arrested in and of itself does not require the police to advise you of your Miranda Rights. Miranda Rights only apply to situations where a person is being questioned while in custody. If you are read your rights, make sure to remember when you were advised of them. When you were advised may be of critical importance if we are trying to get a statement you made suppressed. Once you have been taken downtown, you should be asked to submit a to an Intoximeter test. This is an analysis of your breath to determine your blood Ðalcohol concentration. Prior to this test, you should be advised of your rights in regard to taking this test, including your right to have a witness present, your right to call an attorney, and your right to refuse to take the test. You will then be asked to sign a form stating that you understand your rights. If you decide to call a witness, they will have thirty (30) minutes from the time you are advised of your rights to get to the intoximeter room. The test will not be delayed more than 30 minutes while waiting to get a witness there. Make sure that if you call a witness or an attorney that you do not make any incriminating statements in the presence of a law enforcement officer that may be used against you in court. Whether or Not To Blow: This is a decision that only you can make, knowing what you have had to drink and what the ramifications of the decision may have on your life. You can refuse to blow on the intoximeter. Refusing to submit to this test will trigger a one year revocation of your driverÕs license. Under certain limited circumstances, you may be eligible for a limited driving privilege after 6 months of the revocation have passed. If you decide not to take the intoximeter test, the law enforcement officer may take you to the hospital to draw your blood, which will then be sent to the SBI lab for analysis. This is also the process which is used if the law enforcement officer believes that you are impaired by a substance that is not alcohol, such as marijuana, cocaine or other controlled substances. If you end up being convicted of DWI and a SBI lab analysis was employed, you will be ordered to pay $600.00 for the analysis as part of your judgment. If you decide to take the test and blow over .08, (or if a blood test reveals a BAC of .08 or higher) your license will be revoked immediately under what is called a civil revocation. This is usually a thirty (30) day revocation, but you may be eligible for a limited driving privilege after the first ten days of the revocation have passed. Whether or not you qualify for a limited driving privilege depends solely on the specific facts of your case and your record. After the thirty (30) day civil revocation has ended, you can get your license reinstated by going to the clerk of courtÕs office and paying a $100.00 civil revocation fee. After the intoximeter test, you will likely be asked a number of questions, known as the AIR form questions. You should be mirandized before being asked these questions if you have not been previously. These questions are general investigative questions about where you had been earlier in the night, where you were going, what you had had to eat or drink, any medications you currently take, etc. The Assistant District Attorney who tries your case will use any admission made while answering these questions or any statements that are inconsistent with statements previously made against you at the trial, so be careful when answering them. Also remember that you do not have to answer any of the questions. Your next (and likely last) stop is the MagistrateÕs Office. The arresting officer will take you before the magistrate on duty, who will review the charges with you, then set your court date and bond. Since you have the right to gather independent evidence of your innocence, you will usually be given a written promise to appear or a custody release to a sober individual o n the DWI charge. If you have other charges, un-served warrants, or have failed to appear in the past, you may be given a secured bond which must be posted in order to secure your release. The next thing you need to do is call us to set up a free consultation. At the consultation we will discuss: The Elements of DWI - what the State must prove to convict you Trial Strategy Ð suppressing evidence, strengths and weaknesses of your case Potential Punishments Ð which can include jail time, probation, community service, etc. Limited Driving Privileges Ð both pre-trial and post conviction Including when you will be eligible and What paperwork we will need to get one Fees and Payment Plans Please understand that the information provided above is general information intended to help inform you of your rights and what you can generally expect should you be arrested for DWI. Every case is factually different and without knowing more about your specific situation, it is impossible for us (or any attorney) to say what you should or shouldnÕt do if you are being investigated for DWI.
2. Williams, Joe: Criminal & Traffic
3. North, Davis: If you are facing criminal charges, it is crucial to secure experienced, competent and aggressive representation. Your future depends on the resolution of these charges, so now is no time to hesitate or compromise.
4. Ivey, McClellan, Gatton & Talcott: * DUI * Traffic tickets * Drug charges * Federal and state murder charges * Federal criminal appeals * White-collar crimes (Tax fraud, embezzlement, export and import violations)
5. Fowler, Darl: speeding, Driving While Impaired (DUI), No Operator's License, and Driving While License Revoked (DWLR)
6. Lawson-Davis, Sharon: * Drunk driving (DUI/DWI) * Traffic violations (speeding tickets, reckless driving, driving with a revoked license, driving without registration or insurance, failure to stop) * Marijuana possession * Assault * Larceny * Resisting arrest
7. Lindley, Kathryn: Many people arrested for a crime make the mistake of hiring the first lawyer they find in the phone book. Before talking to law enforcement officers, you should have an experienced, dedicated and thorough criminal defense attorney explain your rights. It is very easy in North Carolina for people who have committed no crime to be found guilty.
8. Stockdale, Matt: If you are charged with a crime, you risk your liberty when proceeding without a lawyer.
9. Sherrill, David: Criminal Defense If you are facing a criminal charge, you need an attorney you can trust. felony and/or misdemeanor criminal cases, including DUI / DWI (drunk driving), theft, and assault
10. Keith, Carter & Associates: * DUI/DWI * Speeding or Other Traffic Violations * Drug Charges * Assault * Harassment * Trespassing * State and Federal Gun Crimes
11. Holt, Graham: There is no such thing as a society that is crime free. As long as there is crime there will be those persons who seek to punish the criminals and those persons who seek to defend them. Sometimes in the pursuit of justice, the rights of the accused may be inadvertently overlooked and that is why the accused have the right to an attorney who knows the laws and knows to which rights the accused is entitled. Criminal law in general deals with the nature and elements of crime, the capacity to commit a crime, participation in criminal activity, defenses, and the rights of the persons suspected or accused of crimes. If your civil rights are violated or you are accused of any misdemeanor, felony, drunken driving, theft, or property offense, Graham E. Holt is a skilled and experienced trial attorney who will provide you with personalized attention and effective legal representation. As a solo practitioner, Graham E. Holt works closely with every client of the firm. He will listen closely to understand your situation before providing you with an honest assessment of your legal options. He is committed to providing quality legal representation, and he will aggressively defend your rights. If a person is suspected of a crime, he or she can be charged and convicted based on an admission of guilt or a guilty verdict after trial. Criminal legal procedure is complex, and an accused is entitled to certain fundamental rights at all stages of the criminal process.
12. Weeks and Roupas: Misdemeanors & traffic offenses can result in serious consequences. Do not face a criminal charge alone! When you are charged with a crime in Municipal Court, a conviction can result in large fines and even jail time. You need an experienced criminal defense attorney to represent you and protect your rights.
13. Charles White: All types of people are at risk of being accused of drunk driving under our state's strict DWI laws. Rich business executives, blue-collar workers, and kids barely old enough to drive have all found themselves facing serious consequences because of a driving under the influence charge. For many, the arrest was a one-time mistake, and they learn from their experience. Unfortunately, the court system does not understand as easily and the consequences for a DUI arrest, if not handled properly, can be far reaching. If you have been arrested for a DUI/DWI in the Greensboro, North Carolina, area it is important to contact an experienced attorney who will make sure your future is protected.
14. Donato & Grewal: If you have been charged with traffic violations, start your defense by consulting with a strong defender who knows your rights and will protect your record.
15. James Borden:

    If you have been arrested for a DUI/DWI, you need a strong defense attorney. Drunk-driving charges in North Carolina are serious and can lead to loss of license or even a jail sentence. A DUI/DWI charge can affect your insurance, and a conviction will have even more significant consequences. You may have an automatic license suspension for a year on your first offense or face mandatory community service. A jail sentence is also a real possibility.

16. Donald Vaughan: Drivers License Points

    If you are convicted of certain motor vehicle violations in North Carolina, driver license points are placed against your driving record. If you accumulate as many as twelve points within a three-year period, your license may be suspended. The accumulation of eight points within three years following the reinstatement of your license can result in a second suspension.

    If your driver license is suspended by the point system, it may be taken for:

    1. 60 days for the first suspension;
    2. 6 months for the second; and
    3. 12 months for the third.
17. James Weeks: If you are charged with drunk driving DUI / DWI, a conviction can result in large fines, lengthy probation, court-ordered alcohol treatment and education, loss of your driver's license for an extended period of time, and a jail sentence. Drunk driving is a serious criminal charge and you need a serious and experienced drunk driving lawyer to go to work for you.
18. Schlosser & Prittchet: As used in the drunk driving laws, the term "vehicle" is defined more broadly than just "motor vehicle." Usually, a "vehicle" is defined as anything that carries people or goods. A "motor vehicle" is something powered by a motor or engine. Either term can include cars, trucks, even motorboats. Most laws draw a distinction between inoperable vehicles and those that are only immobile-capable of moving, but not of moving at the time. Legal distinctions such as this are one reason you need an experienced drunk driving defense attorney to give your case the careful analysis needed. The range of penalties for drunk driving has become extremely severe in recent years. First-time offenders face a potential jail sentence and fines, except in the event of a guilty plea. Repeat offenders are treated more harshly, receiving substantial fines and mandatory jail sentences that may not be suspended or waived by the court. State administrative regulations often call for a convicted person's license to be suspended or revoked, in addition to any criminal penalty. Some defendants have attempted to argue that this administrative suspension is double jeopardy, prohibited by the U.S. Constitution. These arguments have never succeeded. A drunk driving charge is a serious criminal charge. In our vehicle-dependent society, most of us rely on our mobility to accomplish all kinds of tasks, essential or menial. A person who is charged with drunk driving stands an excellent chance of losing this precious freedom, either temporarily or permanently. They also run the risk of suffering a fine or a jail sentence, plus the beginnings of a criminal record. If you have been accused of a drunk driving offense, you cannot afford not to have effective counsel on your side. This is when experience truly counts.
19. Stephen Boyce: Traffic offenses can make you take time off from work; add points to your drivers license; and triple your insurance rates for the next three years.
20. David Smith: A criminal conviction can have devastating and long-lasting consequences. You may be facing large fines, restitution, probation, and jail or prison time.
21. Spagnola Law Firm: DUI/DWIIf you have been cited for DUI/DWI, you should know that the law gives serious consequences upon conviction. And these punishments drunk driving are even more severe for repeat offenders. A DUI sentence may require you to pay a substantial fine, serve some time in jail, or both. In addition to any fines or jail time, your drivers license may be suspended, even if it is your first offense. You will have to find alternate transportation and go through considerable effort to regain your driving privileges after a drunk driving conviction. To add insult to injury, many insurance companies will drop your motor vehicle coverage if you get a DUI. The companies that will insure you will only do so at a greatly increased premium. It is easy to see how important it is to protect your rights and to do that, you need a lawyer who will work to stop these consequences from becoming reality.
22. Christopher Justice: When you are stopped by a police officer for any number of reasons, at some point the officer may develop a suspicion that you are Driving While Impaired (DWI). This suspicion may be immediate because of extremely erratic driving, or may occur later because the officer detects an odor of alcohol or sees apparent signs of impairment. The officer may then ask you to perform any of a number of field sobriety tests, which may include a Field Alcohol Breath Test or assorted physical challenges, such as standing on one foot, or touching your nose with your index finger.