Warsaw DWI Lawyer

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Warsaw DWI Lawyer

Warsaw DWI Attorney

Dealing with a DWI conviction can be stressful, painful, and overwhelming. It can cause undue stress to your personal relationships and employment status, and it can result in you having a criminal record. North Carolina works hard to ensure that drunk driving is taken very seriously, and it can be tough to challenge a DWI charge alone. However, you don’t have to deal with it alone. Reach out to a Warsaw DWI lawyer to see what your options are and how you can fight these charges.

How to Challenge a DWI Charge

Driving while intoxicated (DWI) is a serious offense. Every state in the country takes it seriously, with harsh penalties facing those who are convicted. If you are pulled over in North Carolina and found to have a blood alcohol content (BAC) of at least 0.08%, you will most likely be arrested for a DWI. If you are under the age of 21 and are pulled over for a DWI, you may have your driver’s license automatically revoked, among other penalties.

It can be difficult to challenge a DWI charge, but it is not impossible. An experienced DWI lawyer can help you develop a case that takes into account several possible defenses against a DWI charge. Here are some of the more common defenses that a DWI lawyer may use in an attempt to have the charges against you dropped or, at the very least, reduced:

Reasonable Suspicion

By North Carolina state law, law enforcement must have reasonable suspicion that a crime has been committed or is on the verge of being committed before they can pull you over. Your lawyer may be able to argue that there was no reasonable suspicion when you were pulled over and, because of that, your civil rights were violated by law enforcement. This could be a way to get your DWI charges in Warsaw dropped entirely.

Field Sobriety Test Inaccuracy

When you are pulled over on suspicion of driving while intoxicated, police officers will likely demand that you perform a field sobriety test to check and see if you are drunk. These tests can include standing on one leg, a walk and turn, and touching your nose with one hand at a time.

Such tests are not infallible, and there are many different factors that can cause someone to fail one. Your lawyer may attempt to challenge the accuracy and reliability of these tests by:

  • Examining the results of the test
  • Questioning the integrity and skill of the officer who gave the test
  • Examining the value of the entire test and asking why it was done in the first place

Who Was Driving?

Under North Carolina state law, the prosecution has to prove that you were actually driving the car when you were stopped by law enforcement. If, when you were arrested, the car was not moving, you were parked and sleeping in the backseat, or you were parked and intoxicated but not actually driving, your lawyer could make the case that, technically, you were not actually driving while intoxicated. In fact, you were not driving at all.

FAQs

Q: Can You Drive After a DWI in North Carolina?

A: It is unlikely that you will be able to drive for some time after a DWI conviction in North Carolina. You will likely have your driver’s license revoked for at least a year, at minimum, if you are convicted of driving while intoxicated or otherwise impaired. If you refuse to take a breathalyzer test upon being pulled over or a blood test at the police station upon arrest, your driver’s license will immediately be revoked for a minimum of one year.

Q: What Is the Most Common Sentence for a First DWI in North Carolina?

A: The most common sentence for a first-time DWI in North Carolina is typically a Level V punishment. North Carolina separates misdemeanor DWIs into five distinct levels, with Level V being the least severe and Level I being the most severe. In a Level V punishment, which often includes first-time offenders, you could be fined $200, serve a maximum of 60 days in jail, have your license suspended for 30 days, and serve some community service, depending on the judge’s decision.

Q: Do I Need a Lawyer for a DWI in North Carolina?

A: Technically, you do not need to hire a criminal defense lawyer for your DWI defense. However, that doesn’t mean that you should attempt to go it alone. Hiring a DWI lawyer could be the most important decision you make regarding your case. Having someone on your side who understands the details of the law and is prepared to do whatever it takes to protect you and your interests can only be beneficial to your case.

Q: What Do I Do After Getting a DWI in North Carolina?

A: The most important thing you can do after getting a DWI in North Carolina is contact a DWI lawyer who can help you figure out what your next steps are. A DWI can be a very serious charge, and you will want experienced help from a lawyer who can take charge of your case, provide you with solid counsel, and offer you options on how to proceed with your defense.

Reach Out to a DWI Lawyer Today

Dealing with the unfortunate aftermath of a DWI charge can be exhausting, confusing, and terrifying. You may be feeling alone or out of options, but you are not. An experienced DWI lawyer can help ease your stress and provide you with a way forward. The legal team at Silva, Kiernan & Associates, PLLC, in Onslow County, understands what you need and how to help you.

We can provide you with sound legal advice, reassurance concerning paperwork and deadlines, and a sense of peace that your case is being handled by seasoned professionals. Facing a DWI charge is not easy, and it can be quite serious. You will want the aid of someone experienced and sympathetic. Reach out to schedule a consultation and see what we can offer you.

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