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Raleigh DWI Lawyers

1. Nichols & Crampton: * Drug charges * Assault * Domestic violence * Theft * Juvenile offenses * DUI / DWI * Reckless or careless driving * Speeding
2. de Ondarza, Inez: What are my rights if the police unlawfully stopped, arrested, tested and charged me? If your rights were violated in any way, there may be no case against you. A good DWI lawyer will evaluate whether your rights were violated in any way. If you were not properly treated or unlawfully stopped, you may have recourse to have the case dismissed. What can I do after IÕve had a DWI conviction? I know this sounds elementary, but the best thing you can do is stay out of further trouble with the law. Also, with the help of a good DUI attorney, you will receive the kind of support and guidance that will help you in rebuilding and restoring your life. If after I submit to chemical testing, my blood alcohol concentration (BAC) is less than .08, can I still lose my driverÕs license? Yes itÕs possible to be convicted of DWI with a BAC less than .08, but an experienced DWI attorney will likely be able to craft various defenses to such a charge. If IÕm charged with a DWI- why is it so important that I consult with a drunk driving attorney? DWI is a criminal offense Ð not just a simple traffic violation. If you are convicted of DWI, there are mandatory legal penalties which require the help of a qualified lawyer What are the penalties that I am facing if I am charg ed with a DUI or DWI? If you are convicted of DWI, among other penalties, your driverÕs license is automatically suspended for a period of one year; you face fines up to $4,000; you could go to jail for up to 2 years; In addition, your auto insurance rates will dramatically increase, you will need to note the conviction on job applications and the conviction can appear on your credit report. If you are a professionally licensed individual, a conviction can be reported to the relevant governing agency. What is Blood Alcohol Contact (BAC)? Simply put, it is the amount of alcohol in your blood. A BAC test actually measures the weight of alcohol in a certain volume of your blood, expressed as a percentage. learn more Ý Who can I discuss my DWI case with? It is best not to discuss your arrest with anyone other than your attorney. Family members, friends and co-workers can certainly be called as witnesses by the prosecution. An attorney cannot be called as a witness, so protect your rights by speaking only to your attorney. Are breath tests accurate? This is a topic of serious debate and experts have testified that breath tests are NOT as accurate as blood tests. After I was arrested for DWI, I had to sit for 20 minutes. Why? Law enforcement officers will testify that it is to allow any residual mouth alcohol to be absorbed. Can dentures affect a breath test? What about tongue rings? Dentures and tongue rings can affect the breath test result, especially if the required 20 minute observation is not properly performed. Can a penny under the tongue influence the reading? This is an Òurban legend.Ó A penny under the tongue does not contribute or alter the breath reading. If a person has asthma, can they provide a breath sample? Yes, generally people with asthma can provide breath sample. However, if the asthma sufferer lacks the ability to breath hard enough to provide a sample, he/she should inform the breath test operator of the medical condition or could face the additional charge of Unreasonable Refusal. If someone has a dose of cough medicine, will it contribute to the reading? Possibly. This is the=2 0type of infomration that an expert toxicologist could use in a case of a disputed breath test result. How long does it take the average person to eliminate alcohol from his/her system? It varies, but the average elimination rates range from 0.015 to 0.020 units decrease in the blood alcohol reading per hour. Will coffee, cold showers and exercise help Òsober upÓ someone who has been drinking? No. Only the passage of time to allow elimiation of alcohol from the system will Òsober upÓ an individual.
3. Chetson Firm: A traffic stop, DUI charge, arrest or criminal charge can be frightening experience. At that moment, the police have placed you, your friend, or a loved one in a vulnerable position.
4. Guirguis Law Office: North Carolina DUI laws are strict, and when you are facing a drunk driving arrest you may be facing serious concerns. You need a lawyer on your side who will work with you and explore every option for providing effective representation. * Will I lose my driving privilege? * Will I face serious fines and penalties? * How will I get to work? * Will I have to go to jail? * Are there alternatives?
5. Fanney & Jackson: Driving While Impaired (DWI) Drug Offenses Felonies and Misdemeanors Federal Offenses Traffic Violations DMV Issues and Hearing
6. Dixon & Thompson: * Speeding tickets and other traffic violations, * Misdemeanor charges of all types, * Drunk driving (DUI/DWI), including drivers license suspension, revocation, and reinstatement matters, * Drug offenses, including possession and sale of controlled substances and illegal use of prescription drugs, * Theft/larceny charges, and * Felony crimes
7. DeMent Askew: investigate: * The legality of the stop * The legality of the arrest * Whether the field sobriety tests were properly administered * Whether the breath testing machine was properly maintained and calibrated * Whether blood or urine test procedures were followed and the results are accurate and reliable
8. Willis, Robert: A DWI charge is a serious offense. Allegations of DWI in North Carolina are very serious charges. They carry severe legal consequences that affect your financial situation and potential freedom: * Fines * Jail time * Loss of license * Community service * Substance abuse counseling These are just the criminal penalties associated with a DWI in North Carolina. People often find that even just a chargeÑnot a convictionÑhas a devastating impact on their reputation, career, and family life.
9. Ward Law Firm: DWI/DUI In North Carolina, the penalties for driving while impaired (DWI) offenses can vary from probation and temporary loss of license to 2 years in jail and thousands in fines. If you are charged with an implied consent offense, you will immediately lose your driving privileges for 30 days. If you are convicted, you will lose your license for a longer period of time.
10. Triangle Traffic Law Group: 2. DWLR (Driving While License Revoked). In Wake County, over 900 drivers are charged with driving while their license is suspended by the DMV. If you are one of those drivers, call Triangle Traffic Law Group for a free consultation. A traffic defense attorney will review your driving record, assess what needs to be done for you to qualify to have your license reinstated, and represent you in court on this charge. 3. DWI (Driving While Intoxicated). This is a serious charge and can have serious consequences. Each case is unique and a DWI defense attorney needs to assess your facts to give you an accurate quote on legal fees. A DWI defense lawyer will review your criminal background, review your driving record, obtain all pertinent police reports and discovery, review your case with you prior to your court date, analyze all possible defenses, and represent you in court on this charge. Below are some of the most typical questions we receive from someone charged with a DWI: 1. Will I lose my drivers license if I am charged with a DWI? Yes. Your license will be revoked for 30 days; however, if you comply with certain statutory procedures, you can often get a privilege to drive certain hours after 10 days. 2. Will I go to jail if I am convicted of DWI? There are five levels of punishment in DWI cases. You need to meet with a DWI defense attorney to determine what level your case is, and review the sentencing guidelines for that level. 3. Will I have to attend alcohol classes if I am convicted of a DWI? Yes. Everyone who is convicted of DWI in NC must submit to a DWI Assessment and follow all recommendations. In your initial consultation at Triangle Traffic Law, you will be given information on where to go to get this assessment done. 4. What happens if I refuse to take the breath test? You lose your license for one year. You must immediately request a hearing or you will lose your right to contest the allegation that you were uncooperative with alcohol testing. In many cases, you can qualify for a driving privilege if you follow all statutory requirements.
11. Peterkin Law Office: traffic, misdemeanors and felony cases
12. Young, Rhonda: Traffic Violations Ð prevent expensive fines, increased insurance premiums, jail time, and license revocations. Speeding Tickets DWI/DUI Driving While License Revoked Driving While License Suspended
13. Brinkley, Dewey: DWI cases are built around three crucial elements: * Evidence of Bad Driving Ñ Law enforcement must have a reasonable suspicion to stop your vehicle before they turn on the lights and siren. Often, evidence of lawful driving can be used to bolster your case. * Performance on Field Sobriety Tests Ñ Many law enforcement officers are inexperienced or improperly trained on how to administer field sobriety tests. We are educated on the National Highway Transportation Safety Administration guidelines, and understand how your performance on these tests can be used to your advantage. * Results of a Breath or Blood Test Ñ Test results for impairment are the linchpin of any DWI prosecution. But our state also requires that officers inform those charged with certain rights, including the right to have a witness present during the test. Officers must also hold valid chemical analyst permits and breath instruments must be properly maintained. We understand the laws governing breath and blood tests, and will fight for your rights to suppress an unlawful breath or blood testing procedure.
14. Sahl, Brad: Impaired Driving in North Carolina In the state of North Carolina, it is illegal to operate a motor vehicle with a blood alcohol concentration of 0.08 or higher or while under the influence of an impairing substance. If a commercial motor vehicle is involved, the legal BAC limit is 0.00. A DWI conviction is punishable by mandatory substance abuse counseling, fines, jail time, probation and/or license suspension. DWI Defense Typically, there are three key issues in a DWI case, any or all of which can be challenged by a defense attorney: 1. The Stop (did the police have reasonable suspicion and/or probable cause to stop the vehicle?) 2. Probable Cause (did the police have probable cause to arrest the driver for impaired driving?) 3. Evidence of Impairment (breath or blood test) Having an experienced DWI defense attorney on your side can make a critical difference in the outcome of your DWI case. North Carolina DWI Laws State statutes outline punishments for the following DWI offenses: * Impaired driving * Operating a commercial vehicle, school bus, child care vehicle, or student activity bus after consuming alcohol * Possession of alcoholic beverages while operating a commercial vehicle * Driving a motor vehicle while impaired and under the age of 21 * Habitual impaired driving * Transporting an open container of alcoholic beverage A DWI offense in North Carolina is either a misdemeanor or a felony death by vehicle. Some of the factors that may affect sentencing include BAC at the time of the arrest, prior convictions, and whether anyone was killed as a result of the DWI. The First Conviction of DWI * Upon a first conviction of DWI, with no grossly aggravating factors present, the defendant can expect to face the following punishment: - one year suspension of license - 24 hours of community service or one day in jail, whichever the defendent chooses, although the statute allows for up to 60 days in jail - supervised or unsupervised probation for one year, depending on the judge - court costs and a fine up to $200 - obtain a substance abuse assessment and comply with any treatment recommended - a 12-point insurance premium increase, which amounts to a jump of 400% * First time DWI offenders are eligible to obtain a limited driving privilege to drive to work and for basic household purposes during certain hours. If the intoxilyzer shows a breath alcohol concentration of .16 or higher, the statute requires that the offender install an interlock device. The interlock is a device the driver of the vehicle must blow into upon startup. The Repeat DWI Offender * Upon a second conviction within seven years for DWI, the offender must be sentenced to seven days in jail and may be sentenced up to two years in prison, depending on if there are other grossly aggravating factors present. Upon a second offense, the offender is not eligible for a limited driving privilege. * Factors which add to the severity of a DWI offense include: - a child under age 16 in the vehicle at the time of the offense - the defendant's driver's license was in a period of revocations for a previous DWI offense at the time of the present offense - the defendant's driving was especially careless and reckless - the defendant was involved in an accident that resulted in bodily injury Underage Drinking and Driving * A conviction for any amount of alcohol on an underage driver's breath results in a one year loss of license.
15. Gregory & McClinton: A DUI/DWI arrest is not simply a magnified traffic ticket. It is a criminal matter as well as an administrative issue involving your driving privileges. In the short run, from an administrative standpoint, you may lose your driving privileges and owe large fines. In the long run, from a criminal standpoint, a conviction for driving drunk will result in a criminal record that can limit options in your future life. With a drunk driving conviction on your record, you may have trouble finding a job, finding housing, traveling abroad or serving in the military. Some would-be adoptive parents have been painfully surprised to learn that a DWI/DUI conviction in their past could potentially even derail the adoption. The Problem Won't Go Away by Itself Because of the magnitude of the possible negative consequences, it is very important to have an experienced lawyer on your side as early in the process as possible after you have been stopped under suspicions of driving impaired by alcohol or drugs.
16. Fay, William: What is a DWI? In simple terms, a person is guilty of Driving While Impaired if they (a) operate (b) a vehicle (c) on a highway, street, or public vehicular area (d) 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 What does it take to be convicted of DWI? In order to convict, the state must prove beyond a reasonable doubt, each of the four following elements. While the terms themselves may sound self explanatory, make sure that before you enter a courtroom charged with DWI that you fully understand that nature of each element and what the State will need to show to convict you. 1. Operation - What does it mean to operate a vehicle? Most of us would agree that operation of a vehicle means control of the vehicle while it is motion - but under the law - the term operation means much more. Suppose you are behind the wheel of a car and the engine is running but you haven't even put the car in gear. That, under North Carolina law, is operation. 2. Vehicle - Aren't DWIs just for cars? Before recent revisions were made, DWI laws applied only to motor vehicles. But today, under North Carolina Law, it is possible to be charged and convicted of DWI on a scooter, lawnmower, or even a bicycle! 3. Highway Street or PVA - What is a Public Vehicular Area? Some motor vehicle laws apply only to state maintained streets or highways, but DWI law covers just about every square foot of public space there is. You can get a DWI for driving through an empty parking lot. 4. Impairment - Does it matter if I wasn't Drunk? Impairment is the most often the issue on which a DWI will hinge. Its interesting to note that there are two ways that the state can prove this element. 1. First, they can offer testimony that the defendant was appreciably impaired. They use things like strong odor of alcohol, unsteady on their feet, red glossy eyes, slurred speech, and the like to bolster their opinions of impairment. More to the point are the NHTSA (National Highway Traffic Safety Administration) Standardized Field Sobriety Tests. These tests include the walk and turn, the one leg stand, and the HGN (Horizontal Gaze Nystagmus). These tests are often the most important part of a DWI trial and it is essential that your attorney understand the way these tests are administered. William Fay has been certified to administer these standardized tests. He has completed the same testing procedures and training courses that the officers who administer these tests have. He understands the importance of detailed instructions and can spot issues and inconsistencies in the administration of these tests which may be the difference in your case. 2. The second, and often more popular way to satisfy this element is with the use of the Intoxalizer 5000. This is the machine that the officer asks defendants to blow into down at the station. This machine is spits out a number for each blow which measures the Defendant's BrAC (Breath Alcohol Content). If the blow is higher than .08, in many cases the State's work is done. A competent attorney however, may be able to find ways to suppress this number from being admitted into evidence. Even when a motion to suppress is unsuccessful for one reason or another, the Intoxalizer 5000 is susceptible to error, despite what the State's experts may tell you. What happens if I get convicted? Aside from the loss of one's driver's license which accompanies every DWI, the punishment for DWI can range from a fine and some community service to two years in prison depending on the facts of the case and on the defendant's prior record. There are three kinds of factors considered by the judge before he or she imposes a sentence: 1. Grossly Aggravating Factors - If your case has one or more grossly aggravating factors, you should understand that there is a mandatory jail sentence that must be imposed if you are convicted and these factors are found. One grossly aggravating factor in a case dictates a Level 2 punishment. Two or more grossly aggravating factors dictate Level 1 punishment. Grossly Aggravating Factors include the following: 1. A prior conviction for DWI within the past 7 years (the past 7 years measured from the date of prior conviction to the date of offense). 2. A DWI conviction which occurred after the offense date but before or while the current DWI is being sentenced; 3. The DWI occurred while the Defendant's license was revoked under G.S. 20-28, and the revocation was an impaired driving revocation under G.S. 20-28.2(a). 4. A child under the age of 16 was in the vehicle at the time of the DWI. 5. The driving caused an accident involving serious injury to another person. 2. Aggravating Factors - These factors can be (but are not required to be) used by the judge to enhance a sentencing level. 1. Gross impairment of the defendant's faculties while driving or an alcohol concentration of 0.16 or more within a relevant time after the driving. 2. Especially reckless or dangerous driving. 3. Negligent driving that led to a reportable accident. 4. Driving by the defendant while his driver's license was revoked (for a non DWI related offense). 5. Two or more prior convictions of a motor vehicle offense not involving impaired driving for which at least three points are assigned under G.S. 20-16 or for which the convicted person's license is subject to revocation, if the convictions occurred within five years of the date of the offense for which the defendant is being sentenced, or one or more prior convictions of an offense involving impaired driving that occurred more than ten years before the date of the offense for which the defendant is being sentenced. 6. Conviction under N.C.G.S. 20-141.5 of speeding by the defendant while fleeing or attempting to elude apprehension. 7. Conviction under G.S. 20-141 of speeding by the defendant by at least 30 miles per hour over the legal limit. 8. Passing a stopped school bus in violation of G.S. 20-217. 9. Any other factor that aggravates the seriousness of the offense. 3. Mitigating Factors - these factors are offered by the defendant and can be )but aren't required to be) used by the judge to mitigate a sentencing level: 1. The Defendant has voluntarily submitted his/herself to an alcohol or drug treatment center for an assessment of potential substance abuse problems. 2. A statutorily safe driving record for the previous five years. 3. Safe and otherwise lawful driving at the time of the offense. 4. A low BAC reading from the Intoxalizer 5000 (.08 or .09 results are considered low). 5. Impairment of the defendant's faculties caused primarily by a lawfully prescribed drug for an existing medical condition, and the amount of the drug taken was within the prescribed dosage. 6. Any other factor that mitigates the seriousness of the offense. The presumptive punishment for a DWI is Level 4 punishment. One grossly aggravating factor mandates Level 2 punishment. Two or more grossly aggravating factors mandate level 1 punishment. If no grossly aggravating factors exist in a case, the judge weighs all aggravating and mitigating factors to decide between levels 3, 4, and 5. If the mitigating factors substantially outweigh the aggravating factors, then level 5 punishment is appropriate. Conversely, if the aggravating factors outweigh the mitigating factors in a case, level 3 punishment is appropriate. Level 5: Punishable by a fine up to $200 and a minimum jail sentence of 24 hours and a maximum of 60 days. A judge can suspend the sentence but upon completion that the driver spend 24 hours in jail or performs 24 hours of community service. Level 4: Punishable by a fine up to $500 and a minimum jail sentence of 48 hours and a maximum jail sentence of 120 days. A judge can suspend the sentence but upon completion that the driver spend 48 hours in jail or perform 48 hours of community service. Level 3: Punishable by a fine up to $1,000 and a minimum jail sentence of 72 hours and maximum of six months. A judge can suspend the sentence only upon completion that the driver spend at least 72 hours in jail or perform 72 hours of community service. Level 2: Punishable by a fine up to $2,000 and a minimum jail sentence of seven days and a maximum of one year. A judge CANNOT suspend the minimum sentence. Level 1: Punishable by a fine up to $4,000 and a minimum jail sentence of 30 days and a maximum of two years. A judge CANNOT suspend the minimum sentence. What happens after sentencing? Defendants who are convicted of DWI (regardless of the level of punishment) lose their driver's license. These defendants must complete a substance abuse assessment and comply with any recommended treatment as a condition for having their drivers license restored at the end of the revocation period. During the revocation period, defendants convicted under Levels 3, 4, or 5 may receive a limited driving privilege provided certain conditions are met.
17. Roberts Law Group: First-Time Offenders When you are charged with DWI, you face up to two years in jail if you are found guilty.