What to do if you are stopped?
Do not answer any questions about drinking to the police. Politely refuse to answer any questions other than basic identifying information (ie name, address). Many of their questions are trick questions designed to gather evidence against you to prove your impairment. Be polite. But you are allowed to refuse to answer questions.
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Politely refuse to do any Field Sobriety Testing.
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Call a witness. If you submit to a breath test following the stop, you have a constitutional right to have a witness present to observe the test. Call us. Thirty minutes can do a lot of damage when it comes to justifying the officer's arrest for DWI.
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Again, exercise your right to be silent and then call us at
704-461-2428 or admin@andersonlawfirm.live.
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DWI | Driving While Impaired
Your future is important to us, and we're ready to fight for it.
North Carolina has some of the most complex laws regarding a Driving While Impaired (DWI) charge. If you are charged with a DWI in North Carolina, the State alleges that you operated a motor vehicle on a public street, highway, or public vehicular area while subject to an impairing substance. In North Carolina, "impairment" is typically proven in court by your Blood Alcohol Content (BAC) of .08 or higher. However, even without a BAC, the State could prove impairment by showing you were "appreciably impaired." In most cases, driving while impaired is a misdemeanor.
If a police officer stops you for a potential DWI, they will likely ask you to perform Field Sobriety Tests. These tests are designed to show signs of impairment to aid the officer in establishing probable cause. Generally, the officer will then ask you to submit to a portable breath test (PBT). These are all pieces of evidence proving (or disproving) that the officer had grounds to arrest you for impaired driving.
With our deep knowledge and extensive experience in DWI defense, we are committed to protecting your rights and ensuring that you receive a fair and just outcome. We leave no stone unturned in building a strong defense strategy tailored to your unique circumstances. At Anderson Law firm, we understand the gravity of a DWI charge and its potential impact on your personal and professional life. That's why we provide compassionate guidance and support throughout the entire legal process. We will keep you informed, address your concerns, and vigorously fight for your rights at every step. You don't have to face this challenging situation alone. Contact us today to schedule a confidential consultation and let us begin building a strong defense for your DWI case. Trust in our expertise, dedication, and commitment to achieving the best possible outcome for you.
Limited Driving Privileges
Although your license will be suspended once you are convicted of a DWI, North Carolina allows for limited driving privileges in many cases. Limited driving privileges can vary based on many factors, such as a conviction with a BAC higher than .15. Another suspension that takes place is before your hearing. Immediately upon arrest, a pre-trial suspension will take effect for 30 days. However, 10 days after the date of your arrest, you may apply for a pre-trial limited driving privilege.
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There are standard and non-standard hours available for driving privileges. Standard hours are Monday-Friday, 6 AM - 8 PM.
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Non-standard hours are on weekends and after 8 PM.
Filing for a limited driving privilege requires certain forms, documentation, proof, and other items to obtain a judge's signature. Limited driving privileges are important but can be tricky to navigate alone. That's why you should call us immediately after being charged with a DWI. At Anderson Law Firm, we have handled and obtained many driving privileges for clients.
There are three ways your license can be suspended if you are charged and convicted of a DWI :
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The first suspension occurs once formally arrested for a DWI. The DMV imposes a 30-day pre-trial suspension period. You may be eligible for a limited driving privilege ten days after the date of your arrest.
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The second suspension that could occur is a refusal. If you refuse an Intoxilyzer test, in this case, you could face a potential 1-year suspension of your Driver's License.
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Lastly, if you are found guilty or plead guilty to a DWI, your Driver's License will be suspended for a minimum 1-year period immediately following your conviction, depending on your record and other factors determined by the court.
Court Process
North Carolina treats DWI sentencing much differently than general sentencing for other crimes. If you are convicted or plead guilty to a DWI, the presiding Judge is required to conduct a sentencing hearing to establish any aggravating or mitigating factors present in your case. Based on the weight of aggravating and mitigating factors, the court then determines your level for sentencing. There are 6 levels for sentencing. Ranging from Level A1-Level 5, with Level A1 being the most severe punishment and Level 5 being the least severe. Based on the determined level, a conviction can end up in jail time, supervised or unsupervised probation, monetary damages, court-imposed treatment or community service, and license suspension.
North Carolina's DWI laws are very particular, and sentencing is unique to this offense only. Acting fast and calling us today for a free consultation is essential for your defense.