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Winston-Salem DWI Lawyers

• Morrow Alaxander: GENERAL INFORMATION ON DWI LAWS IN NORTH CAROLINA . . . North Carolina DWI laws are some of the toughest in the country. If you have been arrested for DWI in North Carolina, it is critical that you contact a North Carolina drunk driving defense lawyer immediately. North Carolina's "Booze it and lose it" campaign through the North Carolina Department of Transportation typifies the attitude of law enforcement towards those suspected of drinking and driving in that state. Drunk driving defense is a specialized area. North Carolina DWI law is primarily governed by North Carolina General Statute Sect. 20-138.1 and Sect. 20-16. Like many states, North Carolina DWI law includes both a traditional driving while impaired charge, and a per se charge. Typically, when someone is arrested for DWI or a related North Carolina drunk driving charge, they will confront both charges. North Carolina DWI law, for purposes of the traditional driving while impaired charge, relates to "appreciable impairment" while driving. This count does not depend on a particular blood alcohol level, such as North Carolina's per se law, which relates to a blood or breath alcohol level of .08% or higher. The prosecutor will attempt to prove the traditional North Carolina DWI charge by demonstrating appreciable impairment through the suspect's driving pattern, their physical appearance, their performance on field sobriety tests, and the chemical test results. North Carolina DWI law for the "per se" charge doesn't care about how the individual was driving, how they appeared, how well or poorly they did on field sobriety tests, or anything else other than the chemical test results. For purposes of the North Carolina per se laws, the primary issue relates to blood or breath alcohol levels of .08% or higher. Current North Carolina law forbids the use of the roadside breath test for other than probable cause to arrest someone for drunk driving; this means that the roadside tests are not to be used to establish impairment or violation of the per se law. However, other states, such as California, are now allowing these roadside test results into evidence. North Carolina drunk driving laws are some of the toughest in the country. Recent amendments to North Carolina DWI laws include laws that: * Strengthens the open container law to prohibit anyone in motor vehicle from having open containers of beer or wine while in a public vehicular area. * Strengthens the ignition-interlock requirement so that an offender will be required to have the alcohol-sensing device installed not just in his or her primary vehicle, but all vehicle registered in their name. * Establishes a blood alcohol content of 0.04 for those who have been convicted of a DWI and have had their license reinstated. * Establishes a blood alcohol content of 0.00 for those who have been convicted of a second DWI and have had their license reinstated. * Requires those who are convicted of having a blood alcohol level of .16 or greater to use an ignition interlock system in their vehicles before their license is restored. * In addition, North Carolina can seize the vehicle of a driver whose license is revoked by another state, if the revocation is for an offense that is "substantially" similar to one -- if committed in North Carolina -- would make the vehicle subject to seizure. This would apply to a DWI violation charged to an out-of-state driver whose license has been revoked for a previous DWI. North Carolina DWI suspects do have the right to refuse chemical testing of their blood or breath; however, evidence of that refusal is admissible against the DWI arrestee in court. North Carolina DWI law does require the police to assist the suspect in obtaining independent tests if the person is still in police custody. This means that the driver is to be allowed access to a phone to arrange the independent test.
• Crumpler Freedman Parker & Witt: It is critical that you speak with a criminal defense lawyer upon being contacted by any branch of law enforcement. A law enforcement officer is under no obligation to inform you of your rights. Any statement you make to an officer prior to being advised by legal counsel may turn a winnable trial into a dead loser. If you have been charged with a crime or believe you are under investigation, do not discuss the events leading to your arrest with anyone until you have spoken with a lawyer.
• Jerry Jordan: A defendant is guaranteed the right to a speedy trial under the Sixth Amendment of the United States Constitution. In addition, states have provisions in their constitutions that guarantee the same right.
• Vrsecky, Probst & Associates: A drunk driving charge is no joke. A conviction for a first time offense can end up costing you thousands of dollars of fines, court fees, and increased insurance rates. In addition to the expense of a DWI conviction, you may face jail, and the loss of your driver's license or vehicle. Recent amendments to North Carolina drunk driving laws include establishing a blood alcohol level (BAC) of just .04%, for those with a previous DUI conviction; a BAC of absolute 0% for those with multiple convictions; and a required ignition interlock system for driver's convicted of a BAC of .16 or higher.
• Stroud and Panetti: You should consult an attorney for individual advice regarding your own situation.
• Edward Jennings: Being arrested is a frightening experience. Things happen very quickly. Police officers question you. You may go before a judge a couple of hours after arrest. More questions are asked. Many times you don't know what to do or how to respond. That is why it is essential to obtain a North Carolina criminal defense lawyer who understands the courts and your rights.
• Mills & Hauser: When faced with criminal charges it is crucial to choose a lawyer who will zealously advocate on your behalf.
• Morrow, Alexander & Porter: legal matters may create feelings of uncertainty
• Renita Linnville: If you have been cited for DUI/DWI, you should know that the law gives serious consequences upon conviction. Drunk driving punishments are even more severe for repeat offenders in North Carolina. 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.
• Fitzgerald & Hunter: There are several standards that an appellate court uses in reviewing a defendant's conviction or sentence in a criminal case. These standards of review include certain legal presumptions, judicial notice, the law of the case doctrine, the sufficiency of the evidence, reversible error, harmless error, and fundamental error.
• Christopher Beechler: DUI/DWI’€”If 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 driver’€™s 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.
• Clarke Dummit: Been charged with DWI? Maybe you think the best thing for you to do is to plead guilty and get it over with to save yourself the time and hassle of the court room. You could be making a BIG mistake that could give you a criminal record needlessly. Take charge and protect your rights! Your future depends on it.