I’ve Been Charged With a DUI/DWI in N. Carolina, What Can I Expect to Happen?

First, you must be aware that even if you’re guilty of driving while impaired, with the proper legal representation, you do have DWI defense options to reduce or minimize your conviction and the penalties you face.

In many first-time offenses, it makes sense to go to trial. A skilled and experienced DUI/DWI lawyer will always help you take what seems like a losing case and turn you into a winner. Just one key piece of evidence getting misplaced, mishandled, or the officer mixing up his facts, etc., can positively affect the outcome of your case.

Always remember that the state prosecutor has the burden of proof. They must prove every element of a DWI/DUI beyond a reasonable doubt to convict you of the charges.

It’s all on the state prosecutor to prove the evidence at hand, for example, that you were driving the vehicle, you were on a public street or highway, and that you were under the influence of alcohol or drugs when you were legally stopped and arrested. Any strategy forming a successful defense will involve collaborative evidence that disproves one or more of these crucial elements.

Of Course, every case differs in its circumstances, and there are myriad strategies for a competent and experienced DUI/DWI defense lawyer to formulate, many more than the average criminal defense lawyer is familiar with.

The best defense is obtaining the well-versed, diligent, and competent advice and guidance of a well-known former judge and now a North Carolina criminal defense lawyer. Your skilled lawyer will analyze your case and use the facts to strategize the best possible defense.

What Is the Difference Between a DUI or DWI in North Carolina?

Essentially, in North Carolina, “Driving Under the Influence” (DUI) is the same charge as “Driving While Impaired” (DWI). In most cases, if you are stopped and take a field sobriety test, you can be charged with DWI/ DUI if you have a blood alcohol level of .08 or more.

However, taking a breathalyzer is only one of the ways an officer might use to charge you with a DWI, for example:

• You do have a blood alcohol content (BAC) of 0.08% or more.
• The officer feels that even without any chemical field tests, you are visibly impaired.
• You have any amount of Schedule I controlled substances or their metabolites in your blood or urine, and more.

In most cases, people will feel they must take a breathalyzer or another chemical test if the officer asks them to, but they do not have to.
You do have rights, and you should use them, for example:

• You have a right to remain silent; use it.
• You have a right to legal counsel; obtain them as it is always in your best interest.
• You have the right to demand a search warrant before the police search, so use it.

Whether you are facing a DUI or DWI charge in North Carolina, however, you must take it seriously. Even though every case differs, you may face dire penalties that can affect you and your family. Therefore, consulting with an experienced DUI/DWI defense attorney is vital to get the best advice for your specific and unique situation.

What Is the Best Way to Defend My DUI/DWI Charge in North Carolina?

As stated, every case involving a DUI charge will differ in severity and circumstances. However, there are some common defenses that most lawyers may use, such as:

• Showing you were not driving the vehicle when stopped – Under North Carolina law, the prosecutor must prove you were driving the car when arrested. If you were parked or asleep behind the wheel, the vehicle was not turned on, and the key was in the ignition, your attorney could use these facts to challenge the prosecution successfully.
• Overtly challenging the results of field sobriety, blood, or urine tests – Most prosecutors rely on chemical testing results to convict you of a DWI. However, even If your test indicates that you exceeded the legal limit, you may still have a viable defense. Let’s say there was an issue with how the urine, breath, or blood test was administered and the chain of custody of the test results; a competent criminal defense lawyer can challenge the results or petition the court to exclude the test entirely.
• Having evidence that your constitutional rights were violated – No law officer or prosecutor can violate your constitutional rights in any manner. For example, an officer must have probable cause to believe that a driver has committed a crime to pull them over. Without probable cause, constitutional violations could throw out the entire case for your DWI arrest.
• Proving you were not on a public roadway – Prosecutors must show that you were on a public roadway to convict you of a DWI. If you were on your own or another person’s private property, you cannot be convicted of a DUI.

The above are only a few defenses a qualified, experienced, and courtroom-qualified lawyer may use to defend you against a DUI charge successfully. But time is not on your side, and the sooner you obtain counsel, the sooner they can work to “get ahead” of the prosecution and mount a successful defense.

If I’m Stopped in N. Carolina, Can I Refuse to Take a Field Sobriety Test?

The simple answer is yes, you can. Most criminal defense lawyers will tell you not to agree when asked to blow into any portable device for field testing alcohol. You have the right to refuse any field sobriety test, and it’s entirely unnecessary to comply with these requests.

Non-standardized and even standard field sobriety tests often provide misleading results.

The “one-leg-stand” test is a prime example of a roadside test that can sometimes provide unreliable results.

The police officer may be uncertain about your possible intoxication, and taking a breathalyzer test usually will only worsen the situation.

That said, though, you should note that if you refuse roadside testing, you can face an arrest for “suspicion” of DWI.

Either way, if a police officer does feel you could be under the influence of alcohol or drugs, they have the right to arrest and investigate further at their station. So, declining may have negative results; however, in most cases, if you are an impaired driver waiting to take a DUI breath test at the police station, it’s better than submitting to a roadside test.

Also, always note that an arrest is not a conviction for DUI. A field sobriety or breathalyzer test can only hurt your DWI/ DUI case.

But if you’ve taken the test, a diligent and well-versed DWI/ DUI criminal defense lawyer will do all they can to make it inadmissible in court.

I’ve Been Arrested Of a DUI/DWI in North Carolina; How Should I Proceed?

It’s always true that protecting your rights and freedom is the most important job that you and your North Carolina DUI/DWI criminal defense lawyer must fight for and secure.

Even if the DUI is a first-time offense, being convicted of it could impact many aspects of your and your family’s life; in North Carolina, it’s not a situation to be taken lightly.

If you want to improve your situation, the most critical thing to do is immediately consult a highly experienced, knowledgeable North Carolina DUI/DWI criminal defense lawyer with the depth of legal knowledge that this dire situation demands.

Former judge Jonathan G. Kreider and the DUI/DWI lawyers at Kreider Attorneys at Law have the resources and exceptional knowledge needed to analyze your case’s unique aspects and “get ahead” of the prosecution as soon as possible. They will work empathetically and passionately to obtain the best possible outcome that will impact your and your families’ lives as little as possible.

Call them today at (336) 770-2017 for a consultation on your DUI/DWI cases. They will deliver the wise legal counsel, service-oriented commitment, and assertive action your case demands.