DWI in NC: Hiring a Charlotte DUI Attorney

DWI is used in North Carolina, but almost all other southeastern states (SC, GA, AL, MS, TN, VA) utilize DUI, the most common abbreviation in the USA. The second most prevalent abbreviation in America is DWI. Texas, New York, New Jersey, New Hampshire, Missouri, Louisiana, Arkansas, New Mexico and a couple of other states share the driving impaired acronym DWI.

A couple of jurisdictions north of our state (MD, DC) DWI use both acronyms. DWI means driving while impaired (by drugs, alcohol, or some unknown substance), while D.U.I. translates to “driving under the influence” of alcohol. DUI in North Carolina, “driving under the influence” is still technically recognized under the criminal laws. “Driving under the influence” of an impairing substance can be an aspect of DWI in NC or “driving while impaired.” Being “impaired” may include being under the influence of alcohol. You can also be impaired by legal and illegal drugs.

For some reason, you were stopped by the police while driving. Law enforcement agents are expected to be able to state what that reason for the traffic stop was. Were you weaving unsafely between lanes?

Did you roll through a stop sign? Or did you simply have a “look” about you that made a police officer suspect you as a possible impaired driver?

When we defend people charged with DWI in North Carolina, a Charlotte DUI lawyer from our office will insist that the State of North Carolina meet its full burden of proving that there was a justifiable reason – not just a pretext – for the traffic stop. That may involve an inquiry into whether there was reasonable suspicion or probable cause to stop, depending on the nature and circumstances of the arrest.

In support of DWI criminal charges, a North Carolina police officer collects various types of evidence. Challenging the arrest is not only a matter of challenging field sobriety tests such as the breath test, or field sobriety tests designed to measure coordination. Other aspects of the arrest are worthy of investigation – including an examination into what you were told, and when. That may necessitate reviewing BWC or “body worn camera” footage and/or a dash cam of the DWI charges in Charlotte. NOT every jurisdiction in North Carolina has body camera or dash cam footage.

As attorney with more than 27 years of experience, NC DWI defense lawyer Bill Powers can examine the accuracy of “breathalyzer” or Intoximeter EC/IR II results as well as coordination tests and radar guns.

First, remember that an arrest is not a conviction. That being stated, any conviction of driving impaired in NC will be followed by sentencing by your trial judge.

The sentencing hearing is conducted at which the district attorney and the defendant's legal counsel are permitted to introduce evidence of aggravation (the DA argues these factors) or mitigation (the criminal defense attorney argues these beneficial points). Based on receiving evidence of the “good and the bad” factors, the judge will sentence the DWI offender under one of six (6) levels of severity. As part of the DWI sentencing hearing, a judge will assign the jail term, if any, the monetary fines to be paid, and other DUI penalties, based upon each level’s parameters under the law.

Aggravating” circumstances for a client may include things like:

• engaging in reckless driving
• causing a motor vehicle wreck
• trying to evade arrest or elude police
• high speed over the posted limit
• passing a stopped school bus that is discharging or picking up students

“Grossly aggravating” factors include an accident causing serious injury to others, driving while already being revoked for a DWI-DUI-OWI, and/or driving with a minor passenger during the commission of the DWI. A prior DUI-DWI-OUI (from any jurisdiction) within the last seven (7) years is also a grossly aggravating factor.

In an alcohol-based case, the attorney for the driver may be able to present evidence of a relatively low blood alcohol level (0.09% or lower). In a DWI-drugs conviction case, the DUI defense lawyer can put in evidence proof that the impairing drug found in the blood testing was lawfully prescribed. Safe driving and a safe driving record may also be considered by the Court during the sentencing hearing.

In some cases, our clients are stopped at a DUI checkpoint or was only pulled over due to a missing taillight. When the driving conduct is not patently dangerous or outrageous, a sentencing judge may conclude your case deserves a statutory minimum sentence.

Creative and experienced DWI attorneys know to prepare for a possible day of reckoning. Such advanced planning as having a client undergo a substance abuse or mental health screening is one possibility. Placing a client on some sort of random, constant or intermittent sobriety monitoring via an alcohol detection system may help.

Plus, when the client’s case justifies aggressive steps being taken, obtaining alcohol or drug treatment or AA and NA meetings prior to sentencing can create acceptable mitigating factors.

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