FAQs About DWI Charges in Charlotte NC

Attorneys not only provide valuable legal guidance, but they also help you navigate the complexities of the court system in Mecklenburg County. DWI attorneys help simplify confusing legal language into plain English, making the process less intimidating. They also serve as your advocate in court, helping make certain your voice is heard.

You should reach out to an experienced DWI lawyer as soon as possible following your arrest. In Mecklenburg County, there can be important, time-sensitive steps to take to preserve your legal rights and interests. For example, in certain circumstances, if they took your license after getting arrested for DWI, it may be possible to challenge the civil, administrative revocation of your license. That must be done so in a timely fashion. Impaired Driving is a serious criminal charge in North Carolina that involves intricate legal, scientific, and factual issues. The development of an in-depth defense strategy requires ample time and careful preparation. It is advisable to contact an attorney immediately.

DWI charges can throw your life into chaos. North Carolina's DWI laws are intricate, and the repercussions, if convicted, can be severe, ranging from a suspended or revoked license and hefty fines to potential jail time in certain situations. Criminal defense lawyers are there to help make sense of your predicament, explain your options, and look out for your best interests.

First-time DWI charges can be unnerving, especially if you've never faced legal trouble before. Possible consequences include a suspended or revoked license, fines, mandatory alcohol courses, and perhaps even jail time, especially if Grossly Aggravating Factors, as defined in N.C.G.S. 20-179, are present. That's true for someone with no prior arrest record, criminal history, and/or what some people call DWI First. An attorney can guide you through this process and help you understand your legal options.

You have the right to refuse a chemical analysis in North Carolina, but bear in mind under N.C.G.S. 20-16.2 and the NC DWI laws, that decision may result in immediate license revocation for a “Willful Refusal.” North Carolina operates under an Implied Consent law, and refusing to submit to the Intoximeter EC/IR II breath test (what some people call the "breathalyzer"), a blood test, or a urine test could lead to a license revocation. However, failing to submit to the AlcoSensor, the roadside, handheld test, doesn't result in a license suspension or revocation. Refusing to submit to chemical analysis, including roadside breath tests, is not a criminal offense in North Carolina.

Yes, a DWI conviction, especially if it leads to a license suspension or revocation, could adversely affect your current job and future employment opportunities. The ripple effects of a DWI conviction in North Carolina often extend beyond the immediate legal penalties. This makes it crucial to consult with legal counsel and understand both your best-case and worst-case scenarios.

The financial implications of a DWI conviction can linger long after the immediate fines, attorneys fees, and legal costs have been paid. It's akin to a bad credit score—it can follow you around for years, influencing your future prospects. An experienced lawyer can help you understand the potential long-term impacts of an impaired driving conviction and advise you about the range of possible outcomes.

If you've been convicted of impaired driving, it's important to know that you cannot expunge a DWI conviction in North Carolina. Expunctions are allowed for DWI charges that have been dismissed or found not guilty. North Carolina Criminal Law 15A-145.5 allows for the expungement of certain misdemeanor and felony charges, but an offense involving impaired driving, as defined in N.C.G.S. 20-4.01(24a), is not eligible for expunction.

While DWI is typically a misdemeanor charge in North Carolina, multiple convictions (four) for impaired driving within a certain time frame (ten years) can lead to an indictment for Habitual Impaired Driving under N.C.G.S. 20-138.5. Some people refer to Habitual impaired driving as “Felony DWI.” If impaired driving is the proximate cause of serious injury or death, DWI may serve as a predicate offense to a felony charge under N.C.G.S. 20-141.4 for Felony Death by Vehicle and or Felony Serious Injury by Vehicle. In such serious instances, the Powers Law Firm in Charlotte NC is here to provide legal advice you can trust.

Yes, DWI checkpoints, also referred to as sobriety checkpoints, checking stations, or roadblocks, are legal. Even though they might seem to contradict 4th Amendment protections against unreasonable searches and seizures, Courts have determined that checkpoints can be authorized in the interest of public safety if they meet statutory and caselaw guidelines. For a checkpoint to be legal, it should be part of a planned, systematic program and comply with N.C.G.S. 20-16.3A. The location, timing, and execution of the checkpoint should be minimally intrusive and consistent with both the United States and North Carolina constitutions.

North Carolina takes a strict stance on "underage DWI," generally operating as a zero-tolerance jurisdiction. Criminal defense lawyers may also refer to the offense as a “Provisional Licensee Violation” or “Provisional DWI,” referring to the provisional status of a driver’s license. N.C.G.S. 20-138.3 prohibits any person under twenty-one years old from driving a motor vehicle on a highway or in a public vehicular area while having any amount of alcohol or controlled substance (except for lawfully obtained substances consumed in therapeutically appropriate amounts) in their body. Anyone charged under N.C.G.S. 20-138.1 and/or N.C.G.S. 20-138.3 should retain legal counsel immediately as there can be long-lasting consequences if convicted.

Depending on the specifics of your case, there may be valid defenses to a DWI charge. Common defense strategies include questioning the legality of the traffic stop (reasonable suspicion), challenging the accuracy of field sobriety tests and probable cause, and disputing the reliability of the breath or other chemical test results. Like identifying the weak points in a solid wall, each case has potential areas of dispute and therefore deserves careful scrutiny of the allegations. Having a lawyer at your side can help identify potential legal issues and assist in developing a comprehensive defense strategy.