Charlotte DWI Lawyers
If you have been arrested and are facing a charge for DWI in Charlotte, North Carolina, you need skilled legal representation. The negative consequences of a DWI are significant and can negatively affect your future for quite some time. At Arnold & Smith. PLLC, we understand that sometimes good people make mistakes, and need skilled representation to address those mistakes. Whether you are a first-time DWI offender in North Carolina, or you are facing a subsequent DWI charge, we can provide with the top-rate DWI defense that you deserve. Contact our DWI defense law firm today to schedule your free initial consultation.North Carolina’s DWI Laws
Under North Carolina law, driving while under the influence (DWI) is a serious crime. Some states call their drunk driving charges DUI, however, North Carolina labels driving while under the influence as a DWI. Doing any of the following is a crime in North Carolina:
- Driving with a blood alcohol content (BAC) of .08% or higher
- Driving with any amount of alcohol in your system for drivers under 21 years old
The penalties for conviction of a Charlotte DWI are serious. First-time offenders will lose their driver’s license for a minimum of one year. In many situations, you may be able to successfully receive a limited-use driver’s license to get to and from work. First-time offenders will also need to purchase high-risk car insurance, called SR-22. Those convicted of a first-time DWI will also be required to submit to an alcohol assessment program, complete classes recommended by the judge, and pay a serious fine. Additionally, they will need to serve at least one day in jail or perform at least 24 hours of community service.Administrative Penalties for Second, Third or Fourth DWI Conviction
Facing a DWI conviction when you have prior DWI convictions is even more serious. In addition to more jail time and higher fines, North Carolina imposes extremely harsh administrative penalties on repeat DWI defendants, as follows:
- Second offense DWI: If you have a prior DWI conviction within three years of the current DWI offense, your driver’s license will be revoked for four years.
- Third offense DWI: If you already have two prior DWI convictions and one or more of these convictions happened within the last five years, your driver’s license will be permanently revoked.
- Fourth offense DWI: If you have three prior DWI convictions and one or more of your past convictions happened in the last seven years, you will face felony DWI charges and permanent loss of your driver’s license.
If your driver’s license is currently revoked because of a DWI and you are convicted of another DWI, an arresting office has the right to seize your motor vehicle and it may possibly be sold. North Carolina DWI laws are incredibly tough on repeat DWI offenders. If you are facing a subsequent DWI charge, our lawyers can help.Defenses Against North Carolina DWI Charges
If you are facing a DWI charge in North Carolina, mounting a skilled defense is extremely important. The following are some of the most persuasive defenses to DWI charges:
- The Blood Test Was Not Properly Executed: Law enforcement officers use blood alcohol tests to determine whether a defendant is impaired enough to constitute DWI. The blood test must be taken reasonably soon after the arrest. If a blood test is taken four hours after the arrest, for example, a judge will exclude evidence gained from the blood test. Law enforcement officers must administer the blood test before any medical staff injects the defendant’s blood with any substance such as medication or IV fluids.
- Wrongly Conducted DWI Checkpoints: Law enforcement has a right to pursue vehicles that turn around to avoid going through a DWI checkpoint. However, if a driver can show that he or she did not know about the DWI checkpoint when they turned around, they can ask the court to throw out any evidence gathered as a result of the DWI checkpoint.
- Defendants Have a Right to Confront Witnesses Against Them : Defendants have a right to confront witnesses brought against them by the prosecution. In other words, defendants have a right to cross-examine any witnesses and challenge their evidence.
If you are facing a DWI charge in North Carolina, our lawyers can help. There is no time to spare. Contact Arnold & Smith, PLLC as soon as possible to learn how we can help you with your defense today.