DWI in North Carolina: Hiring a Lincolnton DUI Lawyer

No. Although there may be some overlap in the terms, technically, you don't need to be drunk or "drunk driving" to be charged with impaired driving in North Carolina.

In fact, the NC DWI law doesn't even use the terms DUI or DWI. N.C.G.S. 20-138.1 refers to the offense very simply: Impaired Driving.

Driving under the influence of an impairing substance is referenced in the statute, but the law also is not limited to alcohol alone.

The NC DWI laws are expansive in nature. That means there is more than one way to be convicted.

As such, impaired driving may include allegations of appreciable impairment caused by prescription medications, illegal drugs, consumption of alcohol, and/or a combination of all three.

Impaired driving in North Carolina also does not necessitate proof of being drunk.

"One way to think of it is this. All drunk drivers are impaired, but not all impaired drivers are drunk."

- Bill Powers, Lincolnton DWI Attorney

Appreciable impairment involves losing the normal control of your mental or physical faculties, or both, to such extent that it's noticeable or capable of description.

If convicted, there is a possibility of jail if certain additional factors are proven by the State (the District Attorney's Office) Beyond a Reasonable Doubt.

DWI lawyers refer to those factors as Grossly Aggravating Factors. The State carries the Burden of Proof to show:

• A minor was in the vehicle at the time of the offense (under age 18)
• The impaired driving resulted in serious injury to another person
• The driver had a prior DWI conviction within seven years of the current charge
• Driving While License Revoked, Impaired Revocation - Driving while license revoked or suspended due to another impaired driving offense

If you would like more information about the Grossly Aggravating, Aggravating, and Mitigating Factors for DWI charges in North Carolina, we provide a FREE DOWNLOAD of the North Carolina DWI Quick Reference Guide.

Obviously, each case is fact-specific. That's why it's important to have an experienced Lincolnton DWI lawyer review your case and advocate on your behalf in court.

No. We don't think it's a good idea to plead guilty without first discussing your case with an experienced Lincolnton, North Carolina DWI lawyer.

There may be options available, even with the most serious DWI charge. If nothing else, it's important to prepare for both the best-case and worst-case scenarios.

Going into court, pleading guilty, and hoping for the best puts you at an incredible, and frankly entirely unnecessary, disadvantage.

Preparation is key, even in instances when a Guilty plea is appropriate. DWI lawyers help explain what may be necessary to mitigate the possible consequences, prepare driving privileges, and instruct clients on what is needed in court.

It simply is not a good idea to wait to hire a lawyer. There are often important things that should be done right away in a DWI case.

That may include, but is not limited to, obtaining documentation such as police reports, BWC (body-worn camera) footage, and dash-cam recordings, collecting and preserving evidence, interviewing witnesses, studying the breathalyzer maintenance records, and filing important motions.

We firmly believe the sooner you engage an experienced DWI lawyer and begin preparing your defense, the better.

Don't make the mistake of waiting until the last minute to consult with an attorney regarding your Lincolnton, North Carolina DUI charges.

These matters are best addressed immediately when memories are freshest, photos and videos have not been lost or deleted, and evidence is readily available.

We also believe one of the first people you speak to after an arrest is a lawyer.

Unfortunately, there is a lot of inaccurate information out there and people have a fair amount of preconceived notions about DWI charges.

Not understanding your legal options, or what to expect in court, causes a tremendous amount of anxiety.

"Experienced DWI lawyers take the time to explain how court works and what you may expect in the weeks and months to come."

- Bill Powers, North Carolina DWI attorney

At the end of the day, finding the right North Carolina DWI lawyer and law firm for your case is an important decision. DWI charges are serious and can have lasting consequences.

Don't go it alone.

Find experienced legal counsel who can help you understand all of your options and prepare your defense.

Legal fees for DWI charges can vary, depending on the experience of the lawyer and the complexity of your case.

We offer a free initial consultation so you can discuss all details regarding fees, strategy, and expected outcomes if your case goes to trial.

Be sure to ask about payment plans and other financing options that may be available.

Attorney-client privilege is a legal concept that ensures confidential communications between an attorney and their client remain private.

No. Most criminal cases, including most DWI charges in Lincolnton, North Carolina, are resolved without a trial.

Your lawyer will thoroughly explain the legal options available to you and help you make the best decision for your case.

An experienced DWI lawyer can make all the difference in getting a favorable outcome in your DUI case.

The court costs, fines, and associated fees in a DWI case can vary.

In addition to the Costs of Court, Fines, Community Service, and Civil Restoration Fees, you may be required to attend alcohol or substance abuse classes, which also come with a fee.

It is important to have an experienced lawyer review all of these factors so you can make an informed decision.

Having a knowledgeable attorney by your side throughout the process can help ease your mind and provide invaluable advice.

A motion to suppress relates to evidence and precluding its introduction and consideration during the trial. Evidence subject to a Motion to Suppress may include things like witness statements, breathalyzer results, or other incriminating evidence collected against you.

Law enforcement officers are human. They're subject to making mistakes, just like the rest of us.

Lincolnton DWI lawyers may file a Motion to Suppress if they believe the evidence was obtained unlawfully or in violation of your Constitutional rights.

If successful, the Court (the Judge) may throw out evidence and, in some cases, pursuant to a Motion to Dismiss, even dismiss the case against you for lack of evidence.

An experienced DWI lawyer can assess your case and advise if such a motion is appropriate for your situation.

A Motion to Dismiss can be a type of legal pleading that is filed with the court asking that the case against you be dismissed. When appropriate, a Motion to Dismiss may also be made, orally, in open court.

The motion may cite legal authority, such as a violation of your Constitutional rights, lack of Reasonable Suspicion, or insufficient evidence to prove guilt beyond a reasonable doubt.

Experienced DWI attorneys will make certain to review the facts and evidence in your case to determine if this is an appropriate legal strategy for your defense.