Frequently Asked Questions
What Should I Do if I Have Been Arrested?
After an arrest, our Charlotte criminal lawyers know that you will have many questions about what will happen next. If you are arrested for DWI, law enforcement has the right to automatically suspend your license. Note that there are two parts of a DWI charge—the criminal process and the administrative process with the DMV.
To protect your driving privileges, you will want to make sure that you request a hearing to challenge the suspension as soon as possible. At this point, it is a good idea to consult with our Charlotte DWI attorneys to help you through this process and determine what type of limited privileges may be available to you. Once the suspension has been lifted, the minimum blood-alcohol concentration (BAC) drops to 0.04%, if it is the first conviction. To put it simply, if you are caught driving with a BAC over that percentage, you could face potentially far worse penalties.
What Happens After I Am Charged With a DWI in North Carolina?
After a DWI arrest, the case can involve both criminal court proceedings and administrative consequences involving your driver's license. The circumstances of the arrest, the evidence collected, and the specific allegations against you can all affect how the case proceeds. A Charlotte DWI defense lawyer can review the details and explain what to expect as your case moves forward.
Can I Be Charged With DWI If My BAC Is Below the Legal Limit?
Yes. In North Carolina, a DWI charge is not necessarily based solely on a driver's BAC. Prosecutors may rely on other evidence, including an officer's observations, driving behavior, field sobriety testing, and other circumstances surrounding the traffic stop. The specific evidence in the case can be important when developing a defense.
Can I Refuse a Breathalyzer or Chemical Test in North Carolina?
Refusing a chemical test can result in consequences separate from the criminal DWI charge, including potential driver's license suspension. North Carolina's implied-consent laws apply to certain chemical tests following a DWI arrest. Because refusing a test can have significant consequences, it is important to understand how the administrative and criminal processes may affect your situation.
Can a DWI Charge Be Dismissed?
A DWI charge can potentially be dismissed depending on the facts and circumstances of the case. Issues involving the traffic stop, arrest, chemical testing, field sobriety testing, or other evidence may create grounds for challenging the prosecution's case. An attorney can examine the available evidence and determine whether dismissal or another favorable resolution may be possible.
What If I Was Charged With DWI After an Accident?
A DWI charge following an accident can involve additional complications, particularly if another person was injured or property was damaged. Evidence from the accident, statements from witnesses, police reports, and chemical testing may all become relevant. An experienced Charlotte DWI attorney can assess the circumstances and help protect your rights throughout the case.
Does a DWI Conviction Affect My Insurance?
A DWI conviction can have consequences beyond fines and other court-imposed penalties. Depending on your circumstances, it may affect your automobile insurance rates or eligibility for certain coverage. The financial impact can continue after the criminal case has ended, making it important to take the charge seriously from the beginning.
Will I Have to Go to Court for a DWI Charge?
Court requirements vary depending on the circumstances of the case and how the charge is resolved. Some matters may involve multiple court appearances, while others may be resolved through negotiations or other legal proceedings. Your attorney can explain when your presence may be required and represent your interests throughout the process.
Can I Lose My Job Because of a DWI Conviction?
A DWI conviction can create professional consequences, particularly for people whose jobs require driving, professional licenses, security clearances, or a clean criminal record. The effect on employment depends on the individual's occupation and circumstances. Protecting your legal rights may help limit the potential consequences of a DWI charge.
What Is the Difference Between a DWI and Other Alcohol-Related Charges?
DWI refers to driving while impaired, but alcohol-related cases can involve other offenses depending on the circumstances. For example, allegations involving an underage driver, an accident, or other conduct may result in additional charges. The potential consequences depend on the specific offenses filed and the facts alleged by the prosecution.
How Can a Charlotte DWI Lawyer Help With My Case?
A Charlotte DWI defense lawyer can examine the circumstances surrounding the traffic stop, arrest, field sobriety testing, and chemical testing. Your attorney can also evaluate the prosecution's evidence, identify potential legal issues, explain your options, and advocate for the best possible outcome based on the facts of your case.
Penalties for a DWI Conviction
Is this your first DWI conviction? You should know that beyond the possibility of losing your license, the possible penalties are severe, even for a first-time conviction.
These are only some of the possible punishments:
- Fine costing up to $2, 000
- Minimum 2 days and up to 24 months’ incarceration
- 24 hours of community service
- Up to 30-day license suspension
- Possible license revocation for up to 1 year
Remember that if you are facing DWI charges, you do have the right to defend yourself. DeCurtins Law Office can be with you every step of the way so that the case is handled as seamlessly as possible. We can sit down with you to discuss every possible option and what approach to take when forming a defense.
A Reputation for Success
We possess the extensive experience in criminal defense and DWI matters. Our approach defending clients is by ensuring that all parties are on the same page. We align goals and searches for the clearest path to take so that his clients find success. We understand show stressful and frustrating it can be to face DWI charges; that is why we are here to help you.
Aggressive defense begins now—contact DeCurtins Law Office today to request a free consultation.
