A DWI is a serious criminal offense with very severe consequences and requires an effective defense from an experienced criminal defense attorney. In North Carolina, a DWI arrest can result in a loss of a driver’s license and driving privileges. A driver’s license suspension can be hard when one depends on the ability to drive to work and school. A commercial driver’s license (CDL) suspension, revocation or cancellation can be extremely damaging to an individual who needs the use of a CDL to earn a living.
Individuals arrested for drunk driving and charged with a criminal DWI should contact a Charlotte criminal defense attorney for guidance as to the steps to take to ensure the protection of their constitutional rights following an arrest.
DWI arrests are very common throughout North Carolina and especially in the Charlotte area with over 4,000 arrests in Mecklenburg County alone. However, it is possible that law enforcement did not follow proper procedures. There are several questions to ask regarding the validity of a DWI arrest:
Individuals arrested for drunk driving and charged with a criminal DWI should contact a Charlotte criminal defense attorney for guidance as to the steps to take to ensure the protection of their constitutional rights following an arrest.
DWI arrests are very common throughout North Carolina and especially in the Charlotte area with over 4,000 arrests in Mecklenburg County alone. However, it is possible that law enforcement did not follow proper procedures. There are several questions to ask regarding the validity of a DWI arrest:
- Was the stop of the vehicle valid?
- Can the state prove that the accused was driving the vehicle?
- Was there probable cause for the arrest?
A driver found guilty of a DWI can face a jail sentence, large fines and court fees, probation, license suspension, community service, and court mandated counseling programs. The courts may increase penalties if there are multiple DWI convictions, a child was present in the vehicle at the time of arrest, or if a DWI collision resulted in injuries or deaths. Our firm is skilled in defending DWI cases and dedicated to helping drivers achieve the best possible outcome of their case. Make an appointment today for a consultation with a criminal defense lawyer.
A DWI in North Carolina can result from a blood alcohol concentration (BAC) on a breathalyzer test of .08 or above, from impaired driving as observed by law enforcement, from drug-impaired driving, or a combination of drinking and drug-impaired driving. Drug-impaired driving can be caused by illegal drugs, such as marijuana, cocaine, or other controlled substances, from the use of prescription drugs, as well as over-the-counter drugs which can result in drowsiness or other debilitating effects on the nervous system and motor skills.
If law enforcement pulls you over on suspicion of a DWI, you are required to submit to a chemical test based on implied consent laws, which are part of your agreement when issued a North Carolina driver’s license. If you refuse to take a breath or blood test, your driving privileges will be suspended by the DMV for a minimum of 30 days with an additional 12 months. If your BAC is .08 or higher as a residential driver or .04 or higher as a commercial driver, the test results will be submitted as evidence of your offense to the court. Having a skilled and dedicated Charlotte DWI lawyer in your corner as soon as possible can make a drastic difference in how your case evolves throughout the legal process and in its final outcome.
A DWI in North Carolina can result from a blood alcohol concentration (BAC) on a breathalyzer test of .08 or above, from impaired driving as observed by law enforcement, from drug-impaired driving, or a combination of drinking and drug-impaired driving. Drug-impaired driving can be caused by illegal drugs, such as marijuana, cocaine, or other controlled substances, from the use of prescription drugs, as well as over-the-counter drugs which can result in drowsiness or other debilitating effects on the nervous system and motor skills.
If law enforcement pulls you over on suspicion of a DWI, you are required to submit to a chemical test based on implied consent laws, which are part of your agreement when issued a North Carolina driver’s license. If you refuse to take a breath or blood test, your driving privileges will be suspended by the DMV for a minimum of 30 days with an additional 12 months. If your BAC is .08 or higher as a residential driver or .04 or higher as a commercial driver, the test results will be submitted as evidence of your offense to the court. Having a skilled and dedicated Charlotte DWI lawyer in your corner as soon as possible can make a drastic difference in how your case evolves throughout the legal process and in its final outcome.
Contact a Charlotte DWI defense attorney from our office if you have been charged with a DWI.
DWI Aggravating Factors
When you are being sentenced for a DWI in North Carolina, the judge will at first consider the circumstances surrounding your arrest prior to making a sentencing decision. If there were any aggravating factors in your case, then it can increase your DWI penalties.
If a person was arrested for their first DWI with a BAC of just above .08%, and they didn’t cause any property damage, no bodily injury and they did not have anyone in the car with them at the time of their arrest, then they would face much lighter penalties than somebody who was arrested for DWI with a BAC over .15%, who had a DWI conviction in the last seven years, who caused an accident and seriously injured the driver of the other vehicle.
Aggravating factors include:
To learn more about the possible penalties that you are facing, as well as your potential defenses, contact a Charlotte DWI defense attorney from our office if you have been charged with a DWI.
If a person was arrested for their first DWI with a BAC of just above .08%, and they didn’t cause any property damage, no bodily injury and they did not have anyone in the car with them at the time of their arrest, then they would face much lighter penalties than somebody who was arrested for DWI with a BAC over .15%, who had a DWI conviction in the last seven years, who caused an accident and seriously injured the driver of the other vehicle.
Aggravating factors include:
- A prior DWI conviction within the last 7 years;
- A child under 16 in the vehicle at the time of arrest;
- Serious bodily injury to another person as a result of the DWI;
- DWI while driving on a suspended license for a prior DWI;
- BAC above 0.15%;
- Reckless driving or an accident;
- Revoked driver’s license; and
- Illegally passing a school bus.
To learn more about the possible penalties that you are facing, as well as your potential defenses, contact a Charlotte DWI defense attorney from our office if you have been charged with a DWI.
DWI Penalties in North Carolina
Many factors can determine the severity of penalties imposed by the courts in a DWI conviction. A first time misdemeanor DWI where the driver cooperates with law enforcement and there is no accident may receive a lighter sentence. Drivers with multiple DWIs face increased penalties with each offense. A DWI offense that is the fourth one in 10 years is an automatic felony with harsh punishment including vehicle seizure. DWI accidents with major property damage, injuries, deaths, or hit and run accidents are the most serious DWI offenses. The penalties can vary depending on the circumstances of the DWI but the most common penalties are as follows:
- Imprisonment
- Large fines, court fees and costs
- License suspension or revocation
- Probation
- Community service, counseling and alcohol education
