Your Best Defense Against a DWI
A DWI charge can be one of the most overwhelming and stressful experiences of your life. Beyond the immediate shock and confusion, the potential consequences are severe—ranging from hefty fines and license suspension to even jail time. But you don’t have to face this alone. With the right legal representation, you can challenge the charges against you and protect your future.
Your Ally in Tough Road Situations
If you’ve been charged with a DWI, it’s crucial to act quickly and get the right legal help. As an attorney who has handled thousands of DWI cases, I know the strategies that work and the mistakes to avoid. My approach is simple: I will aggressively defend your rights and work tirelessly to reduce or dismiss the charges against you.
Building Your Defense
Law enforcement has some flexibility at sobriety checkpoints, but errors can occur, such as procedural mistakes or violations of established protocols. These errors can impact the legality of the checkpoint and the validity of the evidence collected. A skilled attorney can use these issues to build a strong defense strategy, challenging the DWI charges based on the checkpoint's legality, test accuracy, or adherence to proper procedures.
Key Factors and Defenses
Understanding Common DWI Factors
DWIs are among the most common charges people face, but each case is unique and requires a tailored defense strategy. A DWI charge can stem from several violations related to impaired driving. Common factors that can lead to a DWI charge include:
Reckless Driving/Erratic Behavior
Engaging in dangerous driving behaviors, such as swerving, excessive speeding, or running red lights.
Driving with Open Containers
In some jurisdictions, having open alcohol containers in the vehicle, especially if you are impaired.
Refusing Chemical
Tests
Refusal to take a breath, blood, or urine test when requested by law enforcement can result in a DWI charge due to implied consent laws.
Driving Under the Influence of Drugs
This includes both illegal drugs and prescription medications that impair driving ability.
Driving Under the Influence of Alcohol
Operating a vehicle with a BAC at or above the legal limit (typically 0.08% for adults) can result in a DWI charge.
Frequently Asked Questions
What are the penalties for a first-time DWI in North Carolina?
A first-time DWI offense in North Carolina carries serious consequences, even if it’s your first run-in with the law. Penalties can include fines, community service, probation, court costs, mandatory substance abuse assessment, and possible jail time—depending on aggravating or mitigating factors. You may also face a license suspension for up to one year. North Carolina uses a five-level sentencing system for DWIs, ranging from Level 5 (least severe) to Aggravated Level 1 (most severe), which considers things like prior offenses, high BAC, or endangering others. An experienced DWI defense attorney can help you understand your risk level and build a strong case.
Will I lose my license after a DWI arrest in North Carolina?
Yes, license suspension is a common consequence of a DWI arrest in North Carolina. If you refuse a breath or blood test, your license can be automatically revoked for 12 months under North Carolina’s implied consent laws. Even if you comply with testing, a DWI charge usually results in a 30-day civil license revocation, which can often be reduced to a limited driving privilege after 10 days. Working with a North Carolina DWI lawyer is essential to navigating these steps, filing timely petitions, and pursuing limited driving privileges whenever possible.
Can I get a DWI charge reduced or dismissed?
In some cases, yes—DWI charges can be reduced or even dismissed based on the specifics of your case. A knowledgeable DWI attorney in Durham or the surrounding areas will investigate whether law enforcement followed proper procedures during your stop and arrest, assess the validity of breath or blood test results, and look for violations of your constitutional rights. Issues such as lack of probable cause, faulty equipment, or mishandled evidence can weaken the prosecution’s case and open the door to a reduction or dismissal.
How does a DWI affect my criminal record in North Carolina?
A DWI conviction in North Carolina is a misdemeanor (or in some cases, a felony) that becomes part of your permanent criminal record. Unlike some minor charges, DWIs cannot be expunged under current North Carolina law. This means a conviction can affect job opportunities, background checks, housing applications, and insurance premiums for years to come. That’s why it’s critical to work with an attorney who understands DWI laws in North Carolina and can fight to prevent a conviction or reduce the charge.
Do I need a lawyer for a DWI in North Carolina?
Absolutely. A DWI is a serious criminal offense, and the legal process is complex. Attempting to handle a DWI on your own can result in harsher penalties, lost driving privileges, and a long-lasting criminal record. A skilled DWI defense lawyer can examine the facts, challenge the evidence, represent you in court, and pursue outcomes such as reduced sentencing, limited driving privileges, or even case dismissal. You don’t have to go through this alone—legal help can make a significant difference.
Speak to Our Team Today
Ready to take the next step? Speak directly with our team today. Schedule your free consultation and get the personalized, community-focused legal support you deserve.