DWI Lawyers in Matthews NC: What You Need to Know

A DWI case can begin with different fact patterns and circumstances, such as:

• Speeding or another observed traffic infraction.
• Encountering a checkpoint or “license checking station” set up by local law enforcement.
• An accident or collision where an officer suspects impairment.
• A 911 call from another driver noting erratic movement or unsafe driving.

In Matthews, officers may look for signs of impairment on the major roads where a lot of people travel, like Monroe Road, Highway 74, and near areas with restaurants, bars, and shopping centers. Whether an officer initiates a stop based on suspicious driving or stops to help with a broken down car or mechanical violation, the initial moments of interaction with law enforcement can strongly influence how the case unfolds.

Under General Statute § 20-138.1, it is unlawful to operate a vehicle on any highway, street, or public vehicular area while under the influence of an impairing substance. For those 21 years or older, an alcohol concentration of 0.08 or greater is considered a legal threshold for impairment. The law also covers substances beyond alcohol, so if an officer suspects marijuana or another substance, they can still proceed with a DWI charge.

Law enforcement in Matthews, NC, can pull a driver over for things like:

• Speeding: Going above the posted speed limit on roads such as Highway 51 or East John Street, where there may be variations of the speed limit.
• Unsafe Movement: Swerving, frequent lane changes, or failing to signal.
• Equipment Violations: Burned-out headlights, broken tail lights, or expired tags or registration issues.
• Accidents: Officers at the scene might notice signs of impairment and begin a DWI investigation.

Once a stop is made, the officer typically approaches the vehicle, asks for the driver’s license and registration, and observes the driver’s demeanor or any odors. If the officer suspects impairment, they may conduct a brief inquiry to decide whether to request field sobriety tests and proceed further with a portable “breathalyzer” known as the AlcoSensor FST.

During a traffic stop, an officer may request a driver to perform what are referred to as standardized field sobriety tests or “SFSTs.” These may include the Horizontal Gaze Nystagmus test (watching how the eyes track a moving object), the Walk-and-Turn test, and the One-Leg Stand test. Each test is intended to show signs of impairment, but many factors—nerves, health conditions, weather, road surfaces—can affect the results.

North Carolina law follows the principle of implied consent. Once a driver receives a valid license, they agree to submit to a chemical analysis (breath test or blood test or urine test) if an officer has probable cause (“reasonable grounds”) to believe they have been driving while impaired. Refusing these tests can lead to an automatic license revocation for a period of time, regardless of the outcome of the underlying DWI charge.

Drivers in Matthews may also be taken to a local station or hospital for breath or blood testing. The refusal itself can become part of the evidence in court if the prosecution maintains that the driver knew they were impaired and wanted to avoid further proof.

In North Carolina, a BAC of 0.08 or higher is generally enough for an officer to charge someone with DWI, although that number drops to 0.04 for commercial drivers (like those with a CDL) and 0.00 for underage drivers (under 21 years old). A chemical test result is one piece of evidence the State may use to show impairment. However, it is not the only factor. Officers and prosecutors also examine driving behavior, field sobriety test performance, odor of alcohol, and overall conduct during and after the stop.

DWI isn’t restricted to alcohol alone. A driver’s impairment can stem from prescription medication, illicit substances (illegal drugs), or a combination of substances. This means a driver may have a BAC below 0.08 yet still face DWI charges based on other observations, the officer’s training, and expert analysis.

A DWI in Matthews, as is the case throughout all of North Carolina, can affect several different areas of daily life. While it is impossible to list every possible outcome, some of the more frequent concerns include:

• Driver’s License Suspension: Based on implied consent laws, “civil revocations” and other administrative actions by the NC Department of Transportation - Division of Motor Vehicles (NCDMV or “DMV”) or as part of sentencing the court.
• Fines and Court Costs: Penalties can vary depending on sentencing levels, prior records, and any aggravating factors.
• Alcohol Monitoring: A judge may require a substance abuse assessment and alcohol abstention when appropriate, monitored by electronic devices like the CAM device or the Ignition Interlock Device, community service, probation.
• Probation or Jail Time: Active, suspended, or supervised probation and unsupervised probation is possible, depending on the severity of the DWI and driving history.
• Insurance Premiums: A DWI can substantially increase auto insurance costs.

Penalties for a first-time DWI can differ from those for a repeat offense. A DWI in North Carolina is divided into six different sentencing levels (Level Five through Level A1), with Level A1 or “Aggravated Level 1” impaired being the most serious type of misdemeanor DUI charge. Habitual DWI in North Carolina is a felony charge that may lead to a lengthier (if not mandatory) period of incarceration.

Because the stakes can be so high, we think contacting a criminal defense lawyer with substantial experience handling cases in Mecklenburg County makes sense. We do not make promises regarding results, yet we can explain how the court process works and outline possible defense strategies.

Talking with a DWI lawyer early in the process can help you or your loved ones understand the law as it applies to specific circumstances and sometimes helps mitigate some of the worry associated with “drunk driving” charges. Clearly, a single traffic stop can spiral into confusion, especially if the driver is uncertain about implied consent, field sobriety tests, or breath-test procedures and the possible consequences of a conviction.

1. Reviewing the Stop: We examine whether there was reasonable suspicion or probable cause for the stop, which may influence whether evidence is admissible.
2. Evaluating Tests: Part of what we do involves assessing how field sobriety tests were administered and whether any issues existed with the breath or blood analysis.
3. Negotiation: We’ll discuss potential outcomes with prosecutors and negotiate on your behalf, possibly leading to plea arrangements that might minimize consequences such as possibly dismissing related charges as part of a plea agreement.
4. Representation in Court: Presenting defenses, cross-examining witnesses, and challenging the State’s evidence when appropriate.

Although no lawyer can guarantee a particular result, having someone with experience in local court protocols and procedures in Mecklenburg County can make the process clearer. Bill Powers has worked in the Charlotte metro region for more than 30 years, addressing many DWI matters and related issues for clients. Download for free Navigating the Legal System DWI/DUI in Mecklenburg County.

When charged with DWI in Matthews, you or your loved ones will have a court date at the Mecklenburg County Courthouse in Charlotte. If released from custody, the process ordinarily starts in Courtroom 1130, where the system funnels different types of criminal charges and traffic offenses for initial review, determination of legal counsel, and possible disposition (in appropriate circumstances).

"It frankly can be a bit complicated if not downright confusing."

- Bill Powers, Defense Lawyer

The timeline for a DWI case can vary based on court calendars, availability of witnesses, and the complexity of the case itself. That’s one reason we think it makes sense to retain legal counsel to explain how court works and handle administrative matters pursuant to the local rules and protocols in Mecklenburg County. 

• Arraignment or First Appearance: If the person charged remains in custody, there is ordinarily a type of first appearance (handled by video) where the judge typically informs you of the charge and any rights, including the right to counsel.
• Hearings and Motions: Lawyers can file motions to suppress evidence if they believe there was no legitimate reason for the stop or arrest, although that would take place in one of the trial courtrooms in Mecklenburg County which normally take place in courtrooms 4150, 4170 or 4310 in District Court on the fourth floor of the courthouse.

• District Court Trial: In North Carolina, District Court does not hold jury trials. If you disagree with the outcome, you may appeal to Superior Court de novo for a jury trial.
• Pre-Trial Assessments: In certain cases, substance abuse evaluations and treatment programs might be recommended or required to obtain a PreTrial Limited Driving Privilege (“work license” or “hardship license” or “paper license”) or as a potential mitigating factor relevant to sentencing if convicted of impaired driving.

Understanding these steps can reduce uncertainty and help you make informed decisions. We strive to keep clients updated about their case status, court schedules, and any new developments.

If you or your loved ones face a DWI charge in Matthews, we think it makes sense to talk with a lawyer with a comprehensive understanding of the North Carolina impaired driving laws. At the Powers Law Firm, we provide personalized attention and clear answers to your questions.

We welcome you to call or text 704-342-4357 or email Bill Powers directly at Bill@CarolinaAttorneys.com, if you want to discuss your situation. Our team can talk with you about the process, potential next steps, and ways to address the legal matter. Although no one can predict the final result in any legal case, we work hard to keep you informed and walk alongside you through court appearances and procedures.

Navigating a DWI charge can feel overwhelming, but there is help. The defense team at our firm offers a calm, knowledgeable, and straightforward approach. Whether you face a first DWI in Matthews or have prior history elsewhere, you do not have to handle the system alone.

Thank you for reading this in-depth look at DWI Lawyers in Matthews, NC. Should you need further information or decide it’s time to speak with an attorney about your situation, the Powers Law Firm would be honored to help. Text or call 704-342-4357, or email Bill Powers at Bill@CarolinaAttorneys.com to take the next step. We look forward to hearing from you.