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Winston-Salem DWI Lawyers

1. Hutto, Marie: DWI and Traffic Violations Charges of DWI (also known as DUI), and traffic violations such as speeding tickets are often worth your while to fight. If left unchallenged they frequently cost you more time and money in the long run.
2. Hartsoe & Associates: What you need to know about DWI/DUI In North Carolina * In North Carolina, drunk driving is known as Driving While Impaired or DWI-some folks call it a DUI, but there is no legal difference. * If you blow a .08 or higher in a breathalyzer test, you are considered impaired and will be charged with DWI. * Driving While Impaired is not limited to alcohol consumption, but you can also be charged with DWI due to the use of marijuana or prescription drugs while operating a vehicle. Hiring a knowledgeable DWI defense attorney can make the difference between a lengthy driver's license suspension and potential jail sentence -- or a dismissal or reduction of charge. North Carolina police and prosecutors take these charges very seriously, which is why you need a serious and aggressive DWI defense. Elements of the Offense To be found guilty, the prosecuting attorney must prove beyond a reasonable doubt: * You were driving a vehicle on a street, highway, or public vehicular area * You were under the influence of an impairing substance or after consuming a sufficient quantity of alcohol you had an alcohol concentration of 0.08 or more at any relevant time after the driving or with any amount of a Schedule I controlled substance or its metabolites in your blood or urine. Punishment A DWI is a misdemeanor, and the level of punishment depends on the presence of and weight of certain aggravating and mitigating factors found by the court. There are five different levels of punishment: Level 1: Minimum imprisonment of 30 days, maximum imprisonment of 2 years and a maximum fine of $4,000. The term of imprisonment may be suspended in specified circumstances. Level 2: Minimum imprisonment of 7 days, maximum imprisonment of 1 year and a maximum fine of $2,000. The term of imprisonment may be suspended in specified circumstances. Level 3: Minimum imprisonment of 72 hours, maximum imprisonment of 6 months and a maximum fine of $1,000. The original sentence may be suspended on the condition that the defendant meet at least one of these conditions: at least 72 hours of community service or imprisonment for at least 72 hours. Level 4: Minimum imprisonment of 48 hours, maximum imprisonment of 120 days and a maximum fine of $500. The term of imprisonment may be suspended in specified circumstances. The original sentence may be suspended on the condition that the defendant meet at least one of these conditions: at least 48 hours of community service or imprisonment for 48 hours. Level 5: Minimum imprisonment of 24 hours, maximum imprisonment of 60 days and a maximum fine of $200. The term of imprisonment may be suspended in specified circumstances. The original sentence may be suspended on the condition that the defendant meet at least one of these conditions: at least 24 hours of community service or imprisonment for 24 hours. Aggravating factors are especially negative factors. Some aggravating factors include a very high breathalyzer reading of .16 or more, especially reckless driving, a bad traffic record that consists of at least two tickets in the past 5 years that resulted in 3 points or more on your DMV record, alluding arrest, property damage, speeding in excess of 30 mph or being uncooperative with the police officer, etc. When you blow 0.16 or higher on the Breathalyzer, then you will be required to have a ignition interlock system installed in your vehicle at a cost of several hundred dollars and a monthly monitoring fee. Revocation of your Driver's License A DWI charge in North Carolina requires an immediate thirty (30) day revocation of your driving privilege-just for being charged. After ten (10) days from the date of the arrest, a Pre-Trial Limited Privilege may be obtained in certain circumstances. We can assist you in navigating the complicated process of obtaining a limited driving privilege, assuming you qualify-contact our office for more information. What are a few examples of where courts have found sufficient evidence to sustain a conviction, even when the accused did not blow a .08 or higher? * When: 1. The defendant's blood alcohol concentration was .07; 2. Defendant admitted to consuming alcohol before driving; 3. An open half-filled bottle of vodka was found in the passenger area of her vehicle; 4. Officer smelled alcohol when he approached her vehicle; and 5. Officer testified that he thought the defendant's faculties were appreciably impaired. * When: 1. The defendant was driving faster than 60 miles per hour; 2. His vehicle had no motor vehicle tags; 3. He did not stop for the officer and when he did, he blocked an intersection; 4. Upon stopping, the defendant started toward the officer's vehicle; 5. The office smelled a strong odor of alcohol and observed an open container of beer in the vehicle; 6. Defendant's coat appeared to be wet from beer waste; and 7. His speech was slurred and refused to take the breathalyzer test. * When: 1. The officer believed, in his opinion, that defendant was impaired; 2. Officer smelled a strong odor of alcohol about the defendant; 3. Defendant drove across the centerline, was sleepy, and had difficulty walking and speaking clearly; and 4. Defendant refused to take the breathalyzer test. These factual scenarios are real-life examples of why, if charged with a DWI, you need the skilled representation of an attorney. When calling to speak with an attorney, here are a few questions you should be prepared to answer: * What were you doing prior to your arrest? * What alcohol had you consumed and how much? * Why did the officer stop you (if you know)? * What coordination tests did you take? * How well did you perform those tests? * What did you say to the officer? * What were the results of any breath tests? (Blood test results won't be available until much later.) * Were there any witnesses to your behavior shortly prior to you leaving the place before your arrest or shortly after you were released from jail? * Were you allowed a witness to the breath or blood test and did you avail yourself of that opportunity?
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4. Byers, Darren: Most people today are aware that our courts treat driving while impaired (DWI) as a serious offense. Still, anyone who drinks at all and drives can be susceptible to a DWI arrest. If this has happened to you, please contact our law office now. As North Carolina DWI penalties have become stricter, laws and procedures have also become more complex. There are six different levels of DWI, ranging from a first offense with no "aggravating factors" to being charged as a habitual offender Ñ which is a felony. Exploring All Angles for Your Drunk Driving Defense * Look at all angles of possible DWI defense: Was your traffic stop legal? Was there a valid reason to arrest you? Were you truly impaired under the law? * Work diligently to obtain the best possible outcome based on what is most important to you Ñ even if acquittal is not possible Knowing What Consequences You Face, and What You Can Protect If you are questioning whether you need a DWI lawyer, it is important to look at what you have to lose. You should not face the court proceedings alone, especially if you: * Need to negotiate for any type of temporary or limited driving privilege * Believe there may be any angle of defense, enabling us to protect against severe financial consequences, like your insurance rates more than tripling * Are attempting to comply with requirements for retaining your pilot's license, or want to do all you can to protect your rights and future employability
5. Wood, Rabil & Peake: In North Carolina, the law is very strict for those stopped for DWI if they are under 21 years of age. If you are a teenager charged with drunk driving, or if you are the parent of a teen stopped for driving under the influence (DUI), don't pay the ticket until you call our office and discuss the matter with an experienced lawyer first.
6. 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.
7. 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.
8. 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.
9. 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.
10. Stroud and Panetti: You should consult an attorney for individual advice regarding your own situation.
11. 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.
12. Mills & Hauser: When faced with criminal charges it is crucial to choose a lawyer who will zealously advocate on your behalf.
13. Morrow, Alexander & Porter: legal matters may create feelings of uncertainty
14. 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.
15. 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.
16. 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.
17. 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.