To Fight For Your Rights
FAQs DWI Monroe NC
- Should I Hire a Lawyer for My DWI Charge?
- When Should I Talk to a Lawyer After Getting a DWI?
- What You Need to Know About DWI Charges in Monroe NC
- What Happens With a First-Time DWI in Monroe?
- Can I Refuse to Blow?
- What's the Difference Between the EC/IR II and an AlcoSensor?
- Is There a Difference Between DWI and DUI?
- Can a DWI Affect My Job?
- How Can a Lawyer Help With My DWI Case?
- What's the Real Cost of a DWI Conviction?
- Can I Clear a DWI Conviction From My Record?
- Can a DWI Ever Be a Felony?
- Are Checkpoints Legal in North Carolina?
- What's the Law on "Underage DWI?"
- Can I Fight a DWI Charge?
Lawyers can be your guiding light when navigating the complex web of DWI charges; they help break down the dense legal jargon into plain English, making the process less overwhelming. More than just legal advisors, DWI defense attorneys stand by your side during challenging times, providing much-needed support and reassurance, and ensuring your voice is heard in the courtroom.
It's advisable to consult with a lawyer as soon as possible after you've been arrested. Time waits for no one, especially when you're dealing with a DWI. Driving While Impaired is a serious criminal charge in North Carolina. They tend to involve complicated legal, scientific, and factual issues. As such, developing a comprehensive defense strategy takes time and preparation.
DWI charges can turn your world upside down. The DWI laws in North Carolina are complex, and penalties can be severe if you're convicted. You might be looking at a suspended license, hefty fines, or even some jail time in certain circumstances. Criminal defense lawyers help you understand your situation and your options.
First-time DWI charges can be a real shock, even if you've never been in trouble before. You could face a suspended or revoked license, fines, mandatory alcohol courses, and potentially some jail time if there is evidence of a Grossly Aggravating Factor. With a lawyer by your side, you'll have someone to guide you through the process and explain your legal options.
You have the right to refuse chemical analysis, but keep in mind, under N.C.G.S. 20-16.2 your choice can have repercussions like an immediate license revocation for Willful Refusal. North Carolina is an Implied Consent jurisdiction. The approved, evidentiary-level breath test in North Carolina is the Intoximeter EC/IR II. Refusal to submit to the EC/IR II, blood test, or urine test can result in license revocation. Failure to submit to the roadside, handheld test called the AlcoSensor does not result in a revocation or suspension of your license. The Willful Refusal to submit to testing is not a separate criminal offense in North Carolina.
Many people refer to all breath alcohol testing devices as the "Breathalyzer." The Intoximeter EC/IR II is an evidentiary-level breath test approved by the State of North Carolina that is used to determine BAC - Blood/Breath Alcohol Concentration. The AlcoSensor is a handheld, portable alcohol screening test device that is often used by law enforcement to detect alcohol in breath for the purpose of establishing Probable Cause to Arrest. AlcoSensor readings are ordinarily limited to a positive or negative indication of the presence of alcohol, whereas EC/IR II results are reported as a numerical value and may be used as evidence of impairment.
While many people use the terms DUI, DWI, and "drunk driving," N.C.G.S. 20-138.1 refers to the offense as "Impaired Driving." Impaired driving covers driving under the influence of alcohol, illegal drugs, prescription drugs, or any other substance that impairs your ability to operate a vehicle safely. So, while some states differentiate between DUI (Driving Under the Influence) and DWI (Driving While Intoxicated or Driving While Impaired), in North Carolina it is simply known as Impaired Driving.
It sure can, especially if your license is suspended or revoked. A DWI conviction in North Carolina could have far-reaching effects that extend beyond legal penalties. It might influence your current job and future work opportunities. That's one reason it's a good idea to retain legal counsel and determine your best-case and worst-case scenarios.
A lawyer is your advocate, your guide, and your interpreter all rolled into one. They navigate the legal maze, making sure you understand the process, and ensure your voice is heard in court.
A DWI conviction can have long-term financial impacts that stretch beyond immediate fines and legal costs. It's a bit like a bad credit score - it can follow you for years, affecting your future opportunities. An experienced lawyer can help you understand the potential consequences of a conviction for impaired driving and advise you of the best-case and worst-case scenarios.
If you are convicted of impaired driving, you are not able to expunge a DWI conviction in North Carolina. Expunctions are authorized for: 1. Dismissed DWI charges; or 2. Not Guilty of DWI. NC Criminal Law 15A-145.5 authorizes, subject to several exclusions, the expungement of certain misdemeanor and felony charges. An offense involving impaired driving, as is defined in N.C.G.S. 20-4.01(24a), may not be expunged ("not eligible for expunction").
DWI is ordinarily a misdemeanor criminal charge in North Carolina. Under N.C.G.S. 20-138.5 multiple convictions (4) for impaired driving within a specified time period (10 years) may result in an indictment for Habitual Impaired Driving. DWI may serve as a predicate offense to a felony charge in North Carolina if the impaired driving was the proximate cause of serious injury or death pursuant to N.C.G.S. 20-141.4. The Powers Law Firm is here to provide legal counsel in Monroe, North Carolina for such serious criminal charges.
Yes, DWI checkpoints, also known as sobriety checkpoints, checking stations, or roadblocks, are indeed legal in North Carolina. Despite violating the spirit of 4th Amendment protections against unreasonable searches and seizures, Courts have determined checkpoints may be in the interest of public safety and therefore authorized in certain circumstances. However, for DWI checkpoints to be legal, they must meet statutory and caselaw guidelines, such as being part of a planned, systematic program and otherwise comply with N.C.G.S. 20-16.3A. The location, timing, and execution of the checkpoint should be part of a neutral, predetermined plan and minimally intrusive.
North Carolina takes a hard line on "underage DWI" and is generally thought of as a zero-tolerance jurisdiction. N.C.G.S. 20-138.3 makes it illegal for any person under twenty-one (21) years old to drive a motor vehicle in a public vehicular area (or on a highway) while having any amount of alcohol or controlled substance (excluding lawfully obtained substances taken in appropriate therapeutic amounts) in their body. It is advisable for anyone charged with N.C.G.S. 20-138.1 and/or N.C.G.S. 20-138.3 to immediately retain legal counsel.
Depending on the specifics, you might be able to put up a fight against a DWI charge. Common defenses include questioning the legality of the traffic stop (reasonable suspicion), challenging the accuracy of the field sobriety tests and probable cause to arrest, disputing the reliability of the breath or other chemical test results, or even arguing about the way the testing was administered. It's like finding the weak spots in a sturdy wall, every case has potential points of challenge. Having a lawyer by your side can help identify potential legal issues and help develop a comprehensive defense strategy.
Helpful Information About DWI charges in Monroe NC
- What you need to know about Field Sobriety Tests
- Before the Arrest: How the Police Conduct a Criminal Investigation
- Is Impaired Driving "Drunk Driving?"
- Can I get my DWI charges reduced to reckless driving?
- Sample DWI Dismissal Form - North Carolina
- What to do if you're arrested
- The North Carolina DWI Quick Reference Guide
- Does North Carolina have DWI FIRST?
- C.G.S. 20-138.1 - Impaired Driving
- What is Probable Cause to Arrest?
- Arrested for DWI? What Happens Now?
- How much does a DWI cost in North Carolina?
- What you shouldn't drive while your license is revoked