Huntersville DWI Lawyer

Huntersville DWI Attorney

If you’ve been arrested for a DWI in Huntersville, NC, it can be daunting to know what to do next. A DWI arrest does not automatically result in a conviction, so there may be defense strategies available to reduce or dismiss the charges. Consulting with a Huntersville DWI lawyer can help guide you through the complex legal process.

Why Choose Us?

At The Law Office of William T. Corbett, Jr., P.L.L.C., our goal is to minimize the negative consequences and penalties of a DWI arrest. With years of representing clients faced with DWI, we can thoroughly investigate your case, looking for any flaws in your arrest by law enforcement or other factors that could lead to a reduction or dismissal of charges.

Understanding DWI and DUI in North Carolina

In North Carolina, there is no distinction between DWI (Driving While Impaired) and DUI (Driving Under the Influence). Both terms refer to the same crime of operating a vehicle while intoxicated by alcohol or drugs. While some states differentiate between DUI and DWI, North Carolina does not.

In North Carolina, if a person has a blood alcohol content level of 0.08% or higher, they can be charged with DWI. This limit is 0.04% for those driving commercial vehicles. An individual can also be charged if they have another controlled substance in their system while driving, such as opioids.

Penalties for a DWI Conviction

In North Carolina, the penalties for a DWI conviction are severe. Depending on your case, you could face heavy fines, the loss of your driver’s license, mandatory alcohol education programs, ignition interlock device installation, and possible jail time. Penalties increase significantly for multiple DWI offenses.

Penalties for a DWI in North Carolina vary by the severity of the offense. Common penalties include:

• Level Five DWI can result in up to $200 in fines and 24 hours to 120 days in jail.
• Level Four DWI can lead to up to $500 in fines and 48 hours to 120 days in jail.
• Level Three DWI can bring up to $1,000 in fines and 72 hours to six months in jail.
• Level Two DWI can elicit up to $2,000 in fines and seven days to 12 months in jail.
• Level One DWI can cause up to $4,000 in fines and 30 days to 24 months in jail.
• Aggravated Level One DWI can generate up to $10,000 in fines and 12 to 36 months in jail.

Level One and Level Two DWIs usually have gross aggravating factors present, like having minors in the car or having a prior conviction within the last seven years.

DWI Aggravating and Grossly Aggravating Factors

Aggravating factors or grossly aggravating factors are circumstances that can upgrade a person’s charge to a higher level, bringing on stiffer penalties for the DWI than there would have been without these factors. Some examples include:

• Prior DWI convictions in the last seven years
• Speeding more than 30 miles over the speed limit
• Having a BAC of 0.15% or more
• Driving recklessly
• Driving with a revoked license
• Evading arrest
• Causing bodily injury
• Driving with a minor in the vehicle
• Driving with a mentally or physically disabled person

Do I Need a DWI Lawyer?

While it’s not legally required to hire an attorney after a DWI charge, it is a wise decision to do so. A skilled attorney can improve your chances of avoiding a conviction or facing lighter penalties. A lawyer can also provide a great understanding of the law, anticipate the prosecution’s arguments, and access critical evidence, like police reports.

Choosing to represent yourself can be risky, especially if you’re unfamiliar with the legal system. Even if you believe that your innocence is clear, a minor mistake could increase the likelihood of a conviction. It’s also important to avoid pleading guilty or accepting a plea bargain without legal advice. A defense attorney can potentially reduce your penalties if you accept a plea bargain or if you are found guilty.

It’s also worth noting that convictions for DWI in North Carolina cannot be expunged from your criminal record or background checks, so seeking legal counsel is crucial.

Whether it is your first DWI arrest or you are facing a felony DWI charge in Huntersville, North Carolina, an attorney can help you create a strong defense. They can investigate your case and look for:

• Flaws in procedures conducted by law enforcement, including the initial traffic stop
• Whether there was a lack of probable cause or suspicion
• Errors in breathalyzer tests or field sobriety testing
• Evidence being mishandled in some way
• Any unreliability or lack of credibility with any of the witnesses

FAQs

Q: How Much Does a DWI Lawyer Cost in North Carolina?

A: The cost of a DWI lawyer in North Carolina is based on a number of factors. The amount will depend on how complex your case is, how long the case may take, and how your attorney charges their fees. An attorney may charge by the hour, or they may charge a flat rate. Some charge retainer fees. Generally, if a case is more complex, it will be more expensive.

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

A: It is not legally required to have a lawyer for a DWI in North Carolina. However, it is highly recommended that you seek legal counsel, even if you believe that your innocence is obvious. A lawyer can make sure that, even in the case of evident innocence, there are no mistakes made that can hinder or hurt the outcome of your case.

Q: Can You Get Out of a DWI in North Carolina?

A: It is possible to get a DWI charge dismissed in North Carolina, depending on the details of the case. In these cases, a Huntersville criminal defense attorney may challenge the traffic stop, question the evidence, including the validity of the breathalyzer or field sobriety test, or highlight any procedural errors that may have occurred. These instances can cause the case to be dismissed.

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

A: After getting a DWI in North Carolina, the first thing you want to remember is to remain calm. Be sure to cooperate with officers, even if you exercise your right to remain silent. Next, you will want to seek legal counsel. They can inform you of the wisest steps to take during the legal process.

Contact The Law Office of William T. Corbett, Jr., P.L.L.C., Today

If you have been arrested for a DWI, we can help. Contact us to speak with a representative today.