As experienced and high-skilled North Carolina DWI lawyers, we are dedicated to providing the best legal representation available to individuals facing various driving while impaired charges in North Carolina. To that end, we provide useful information you can access through out DWI Blog Page and our DWI and Traffic Practice Page.
Below is a brief summary of some of our most popular DWI blogs. We encourage you to read the full blog by clicking on the direct access link. Our DWI attorneys are available to answer all of your questions regarding North Carolina driving while impaired tickets. Contact our office to speak with a DWI attorney who can help mitigate the potential consequences of a DWI conviction.
North Carolina DWI FAQs
What is the punishment for a DWI first offense in North Carolina?
North Carolina uses a sentencing structure to determine the punishment for a DWI conviction. If this is your first DWI offense, an experienced Jacksonville DWI lawyer may be able to use mitigating factors to have you sentenced under the least severe DWI sentencing level. [Read More]
What are the punishments for a North Carolina Felony DWI?
Most DWI offenses are charged as misdemeanors; however, some driving while impaired charges are felonies. Felony DWI punishments are much more severe including being labeled as a habitual driving while impaired driver. Punishments include up to 59 months in prison with a minimum prison sentence of 12 months. You may also potentially lose your vehicle. [Read More]
What is the legal definition of impaired driving?
Most states define impaired driving as operating a vehicle under the influence of alcohol or drugs. However, North Carolina DWI statutes have a slightly different definition of impaired driving. You do not need to exceed the BAC level to be charged with impaired driving in North Carolina. [Read More]
What is a Pre-Arrest Test for DWI in North Carolina?
First, a pre-arrest test is not the same thing as a Standardized Field Sobriety Test (SFST). Pre-arrests tests may include asking the driver to say the alphabet or count backwards. Pre-tests can hurt your DWI defense. [Read More]
What are the consequences of refusing to take a breathalyzer at the police station?
In North Carolina, you can refuse a roadside breathalyzer test without penalty; however, this is not the case for a breathalyzer at the police station. If you refuse to take a breathalyzer at the police station, you may lose your license for up to a year. [Read More]
What is an Aggravating Factor in a North Carolina DWI Charge?
Aggravating factors are circumstances surrounding your DWI arrest that can increase the level of punishment you receive for a DWI conviction. Examples of aggravating factors include a BAC of .015 or higher and speeding of 30 miles or more per hour over the posted speed limit. In addition to aggravating factors, NC DWI statutes also list grossly aggravating factors that qualify the person for the most severe DWI punishment available under North Carolina DWI laws. Examples of grossly aggravating factors include causing an accident where someone is seriously injured or having a previous impaired driving conviction. [Read More]
Can I get my DWI reduced to a lesser charge?
It is unlikely you will be able to convince a prosecutor or judge to reduce your DWI to a lesser charge in North Carolina. North Carolina takes driving while impaired offenses very seriously. Even though you may not be able to have your charges reduced, hiring an experienced Jacksonville DWI attorney is in your best interest. The attorney may not be able to reduce your DWI charge but the attorney may be able to use mitigating factors to lower the sentencing level thereby decreasing the severity of your punishment for a DWI conviction. [Read More]
What is an unlawful DWI search and seizure?
The Fourth Amendment to the U.S. Constitution protects your from unlawful searches and seizures by law enforcement. You can waive your right and allow the officer to search your vehicle — never waive your rights. In order for the officer to search your vehicle at a DWI stop, he must have probable cause. Attacking probable cause is one DWI defense we can use to fight your NC DWI ticket. [Read More]
Do I have a right to an attorney while taking DWI field sobriety tests?
You can respectfully decline to answer questions or take field sobriety tests at a DWI stop; however, you do not have the right to an attorney at the DWI stop if you choose to take these tests or answer questions. You do have the right to consult with an attorney prior to taking chemical tests at the police station. [Read More]
How do I get a Jacksonville work license after a DWI?
A work license or Limited Driving Privilege (LDP) license is a special type of North Carolina driver’s license issued to some individuals charged with or convicted of driving while impaired. An LDP allows the person to drive to and from work. There are conditions and requirements associated with a pre-trial LDP and a post-trial LDP. [Read More]
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