Carolina Law BlogIf you have been charged with DWI in Pineville NC, it is important to understand the charges against you and what penalties you 
may be facing.
A DUI DWI conviction can result in a number of serious consequences, including jail time, hefty fines, and a driver’s license suspension.
That is why it is crucial to retain an experienced DUI lawyer who can help protect your rights, review your legal issues, and work to minimize the impact of these charges on your life.
How do DWI lawyers help?
DWI lawyers can help by investigating the circumstances of your arrest, working with prosecutors, and representing you in court.
Once there is a formal attorney client relationship, our criminal defense law firm will:
- Review your case and advise whether you should plead guilty or take your DWI charges to trial if pleading guilty doesn’t make sense
- File Motions to Suppress and Motions to Dismiss, when appropriate
- Help explain the legal system
- Review your DUI DWI driving history and criminal record
What you need to know about DWI charges in North Carolina
If you have been charged with DWI in Pineville NC, contact an experienced DWI defense attorney today to discuss your case in 
Mecklenburg County.
Does Experience Matter?
An experienced DWI lawyer and compassionate, patient support staff at law offices can make all the difference in working with you through this difficult time.
If you’re concerned about your charges, that’s entirely normal and understandable. You likely have a lot of questions. We take the time to explain the best-case and worst-case scenarios.
We think experience guides us in how we address legal issues and in providing legal advice you can rely on.
I firmly believe one of the most important aspects of our legal representation is kindess, meeting our clients at their point of need. DWI charges can consequences. People need to know they can trust us and that we are truly looking out for their best interests – Bill Powers
The NC DWI Quick Reference Guide
Most NC lawyers offer a free consultation. We protect confidential or sensitive information about you and your legal matters.
The sooner you retain a law firm with proven experience and a track record of helping people, the better your chances of minimizing the impact of these charges on your life.
Can I handle the case myself?
It is possible to represent yourself in a DWI case, but it is not something we recommend. That’s because a conviction for impaired driving in North Carolina is serious stuff.
The laws surrounding DWI are complex, and the consequences of a conviction can be severe. 
That’s why it is important to have an experienced DWI lawyer on your side who can help you navigate these waters and protect your rights.
Just because you can serve as your own attorney, that doesn’t mean you should. Even if you plan on pleading guilty, lawyers can really help get you through the process – Bill Powers
If you have been charged with DWI in Pineville NC, contact us today for a free consultation. Our DUI lawyers will review your case and discuss your options with you.
What is DWI in North Carolina?
Driving while impaired (DWI) means operating a vehicle after consuming alcohol or drugs that impair your mental or physical faculties.
NC DWI Law – N.C.G.S. 20-138.1
It is illegal to drive with a blood alcohol concentration / blood alcohol content (BAC) of 0.08% or higher in North Carolina.
If you are caught driving with a BAC of 0.08% or more, you can be charged with DWI and your license will be subject to a Civil Revocation.
Legal issues involving the admissibility of blood, breath, or urine evidence are subject to the Implied Consent law in North Carolina. They tend to be pretty complicated.
Is “drunk driving” a felony or misdemeanor in NC?
Driving while impaired isn’t technically limited to drunk driving. Although a common term used by a lot of people, you don’t have to be “drunk” to be convicted of DUI DWI in NC.
DUI DWI is a criminal offense in NC. It’s more serious than minor traffic tickets.
DWI charges can be deceptively complex. It’s unwise to assume ‘it’s no big deal.’ Until you lose the right to drive, many people don’t understand the consequences of a license suspension – Bill Powers
Most cases do not amount to felony charges. But, first time offenders are subject to incarceration if DUI DWI involves:
- Personal Injury to another person
- Repeat Offenders – Prior convictions for DUI DWI in any state within 7 years (See N.C.G.S. 20-179)
- Children under 18 years old in your vehicle
- Active License Suspension due to another DUI DWI conviction
The NC DUI DWI laws are substantially different than those in South Carolina. Our criminal defense law firm handles cases in:
- Pineville – Mecklenburg County
- Iredell County – Statesville, Mooresville
- Monroe – Union County
- Gastonia – Gaston County
- Lincolnton – Lincoln County
- Salisbury – Rowan County
What are the penalties for a DWI conviction in North Carolina?
The consequences of a DWI conviction depend on a number of different factors, including but not limited to your BAC level, the number of previous convictions you have, and whether or not someone was injured as a result of your drunk driving.
It also matters if you had a child under the age of 18 in your vehicle and were driving while impaired. The Court also may consider a high reading in sentencing.
Generally, the penalties for a misdemeanor DWI conviction include a fine, license revocation, community service, and mandatory completion of an alcohol assessment (substance abuse assessment) and education program as may be recommended by an approved assessing agency. With a BAC of .15 or higher, you may be required to install an Ignition Interlock Device in your car to obtain a Limited Driving Privilege.
I encourage people to check out of NC DWI Quick Reference Guide. Once you take a look at DWI sentencing in NC, mitigating factors and aggravating factors, it’s our hope you understand why experience matters – Bill Powers
What can happen if I refuse to take a breath test in North Carolina?
If you refuse to take a breath test in North Carolina, you may be subject to an automatic license suspension due to the NC Implied Consent law.
DUI attorneys often refer to that as a Willful Refusal.
Additionally, at such time as you may become eligible for reinstatement, you may be required to install an ignition interlock device on your vehicle.
If you have been charged with DWI, it is important to contact a DWI defense attorney as soon as possible.
In my opinion, waiting until right before your court date to hire a lawyer is a tremendous mistake. There are important steps to take to protect your legal rights. It’s imperative to begin your defense immediately, which can include gathering documentation and evidence that may be crucial to defending against your charges – Bill Powers
An experienced attorney can help you understand your rights and the potential consequences of a conviction.
What can happen if I take a breath test in North Carolina?
First and foremost, it’s important to understand there are two different types of breath tests in North Carolina.
- AlcoSensor Portable Breath Test – Roadside Breath Test
- Intoximeter EC/IR II – Evidentiary Breath Testing Machine
Numerical results for the roadside breath test are not admissible to prove impairment in NC. EC/IR II Intoximeter test results may be used as evidence against you at trial.
What is a PBT?
The failure to submit to an AlcoSensor test on the side of the road does not result in the suspension of your driver’s license by NCDMV; but, failing to provide the roadside, portable breath test or “PBT” can be used in the arrest decision by the officer and probable cause.
How does the “Breathalyzer” work?
If you blow a .08 or higher on the EC/IR II, the NC Pattern Jury Instructions indicate that reading, the .08 or higher, may be deemed sufficient for a conviction of impaired driving.
At the same time, a reading of .08 or higher is not required. The State proceed with charges under N.C.G.S. 20-138.1 with a reading or readings below .08.
What should you do if you are pulled over on suspicion of DWI?
The first step is to remain calm.
You may be asked to step out of the vehicle and perform a series of field sobriety tests. DUI DWI lawyers may call them SFSTs – Standardized Field Sobriety Tests.
These tests are designed to determine if you are impaired.
If the officer believes you are impaired, (that there is probable cause to believe you are appreciably impaired by alcohol or another controlled substance) you may be placed under arrest and taken to the station (or other approved facility) for a chemical test.
Do I have a choice on what test to take?
Testing may be done by breath tests or a breath test or even a urine test. That is at the officer’s discretion. Put simply, you do not get to choose which test.
This test will determine your blood alcohol concentration (BAC).
Your license cannot be revoked by NCDMV for refusing to take the NHTSA SFSTs (standardized field sobriety tests).
Key Tip: Police are NOT required to arrest you. They may issue a Uniform Citation to charge you with DWI in NC. They also are NOT required to get blood or blood tests for DUI DWI charges.
Whether or not you were arrested, at this point, we think it is important to contact an experienced DWI defense attorney.
An attorney can help you navigate the legal process and ensure that your rights are protected.
How much does it cost to hire DUI lawyers?
The average cost of a DWI lawyer can range depending on the severity of the charge and the experience of the attorney.
If you are facing a DWI charge, it is important to consult with an experienced DWI defense attorney to discuss your options and create a defense strategy specific to your case.
DWI charges can result in jail time, loss of driving privileges, and high fines, so it is important to have a knowledgeable attorney on your side.
Key Tip: Most DWI attorneys offer a Free Consultation.
How long do DWI charges take?
The amount of time it takes for your case to be resolved will depend on the severity of the charge and the court schedule.
If you are facing a DWI charge, it is important to consult with an experienced DWI defense attorney to discuss your options and create a defense strategy specific to your case.
If I’m arrested in Pineville, where do I go to court?
Pineville NC is located in Mecklenburg County, North Carolina.
Key Tip: DWI arrests in Pineville NC are handled at the Mecklenburg County courthouse: 832 E. Fourth Street, Charlotte NC 28202
The courthouse can be reached at (704) 336-6000. If you have any other questions about where to go to court, you should contact your DWI defense attorney.
How to schedule a meeting with a lawyer?
If you would like to schedule a free consultation, our contact form sends information to an on-call attorney at the Powers Law Firm, P.A. You may also reach us at: 704-342-HELP to schedule a meeting or fill out a CONTACT FORM.
We serve clients in Indian Trail, Charlotte NC, South Charlotte, Pineville NC, Monroe NC, and Matthews for DUI DWI charges
What happens if I don’t show up for my court date?
If you do not show up for your court date, an Order for Arrest or “OFA,” may be issued for your arrest.
Any bond you paid may also be forfeited due to your failure to appear. Defense attorneys may refer to that as an FTA.
Once the Order for Arrest is issued, you can be arrested at any time and taken to jail. If you are arrested on the Order for Arrest, you will likely have to post a new bond in order to be released from jail.
If you have any questions about what can happen if you do not show up for your court date, you should contact your DWI defense attorney.
What should I wear to court?
Our DUI lawyers recommend you should try to dress conservatively when going to court. It doesn’t need to be fancy.
That means no tank tops, short skirts, flip-flops, or anything else that may be considered disrespectful to the court.
Remember, first impressions are important!
If you have any questions about what to wear to court, you should contact your DUI DWI lawyer. We offer a free consultation.
What should I say in court?
It is generally best to let your DWI defense attorney do the talking for you in court about your legal issue.
You will likely be asked to stand and say “Yes, sir” or “No, ma’am” to the Judge when they ask questions, but other than that, you should let your DUI lawyers handle the talking.