You should establish an attorney-client relationship with a DWI lawyer as soon as possible after your arrest. Timing can prove key to an effective DWI defense. Lawyers explain the best-case and worst-case scenarios, gather and review important evidence in your case, and help develop a defense strategy. Acting swiftly can have a significant impact on your case.
The ideal time to hire a lawyer is immediately after your arrest. An experienced DWI lawyer can help you understand the charges against you, your legal rights, and the potential penalties. They can immediately begin building a defense strategy and provide you with much-needed peace of mind. DWI charges in North Carolina are serious. Your matter deserves the attention of an experienced DWI defense attorney in Raleigh NC.
There may be legal defenses available to challenge DWI charges. Common defenses include legal issues challenging the accuracy of breathalyzer (Intoximeter EC/IR II breath tests) or DWI blood tests, questioning the legality of your traffic stop (Reasonable Suspicion), and the way field sobriety tests were administered (Probable Cause to Arrest). Each case is unique, and an experienced DWI lawyer will tailor a defense strategy to fit your specific circumstances.
The consequences of a DWI conviction in North Carolina can be severe, including substantial fines, license suspension or revocation, mandatory alcohol education programs, probation, and even jail time, if deemed appropriate by the Court (the Judge). On top of that, a conviction can also have long-lasting effects on your personal life, including higher insurance premiums, difficulty finding employment, and potential damage to your reputation.
Some folks make crucial mistakes after a DWI arrest, like admitting guilt, not contacting a lawyer immediately, or not taking the charges seriously. Missteps can negatively impact your case. That's why it's important to remain silent, ask for a lawyer, and treat the situation with the gravity it deserves.
You can refuse a "breathalyzer test" in North Carolina, but there can be consequences. North Carolina is an "implied consent" jurisdiction. This means that by driving on North Carolina roads, you have implicitly agreed to take a "breathalyzer" (Intoximeter EC/IR II) or other chemical tests such as a blood test or urine test. A refusal to submit to the EC/IR II, blood test, and/or urine test, can lead to an immediate license suspension and can be used against you in court. The AlcoSensor FST is a handheld device used to detect the existence of alcohol in your breath as part of the "arrest decision" and Probable Cause to Arrest. Failure to submit to an AlcoSensor does not result in the revocation or suspension of your driving privileges.
Certain factors can increase the severity of your DWI sentence in North Carolina. These are called "aggravating" factors, and they include but are not limited to a high BAC level, reckless or dangerous driving, causing an accident or injury, eluding arrest, and having a minor in the vehicle at the time of the offense. N.C.G.S. 20-179 sets forth the statutory Aggravating, Grossly Aggravating and Mitigating Factors that are a part of DWI sentencing in NC.
If you've been convicted of driving in the past seven years, it can significantly impact the punishment, if convicted, of any new DWI charges in Raleigh NC. N.C.G.S. 20-179 is the NC DWI sentencing law. Prior convictions for impaired driving in any state may be categorized as "grossly aggravating" factors. Both aggravating and grossly aggravating factors must be proven Beyond a Reasonable Doubt by the prosecutor during the statutorily mandated sentencing hearing. Any aggravating factor can lead to stiffer penalties, including higher fines and longer jail time, depending on the unique nature of your charges and prior conviction(s). That's one reason why it's smart to immediately seek legal counsel if you've been arrested for DUI in Raleigh NC.
A DWI conviction can NOT be expunged, or removed, from your criminal record in North Carolina. However, driving while impaired charges that have been dismissed by the State or found Not Guilty after trial may be eligible for an expunction. The process of expunging your arrest record is relatively complicated. This is another area where having a seasoned DWI lawyer by your side can make a significant difference.