ASHEVILLE DUI LAWYERS

Aggressive Representation from the Asheville DWI Guy

We give good people the defense plan they need to fight the legal consequences of their charge, and keep their life moving forward.

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The testimonials and endorsements listed do not reflect all of the feedback the firm has received. Each case is unique and must be evaluated on its individual merits. Prior results do not guarantee a similar outcome.

How We Help

Reduce the Legal Consequences

Criminal charges can result in the loss your job, license, reputation, and even jail.  Know the legal consequences and then work hard to reduce, or erase, them.

What Determines the Penalties for DWI Convictions in Asheville?

When facing a DWI conviction in Asheville, several elements come into play in determining the penalties you might face. These penalties can range from jail time to fines, community service, mandatory treatment programs, and the installation of an Ignition Interlock Device on your vehicle. Here’s a closer look at the factors influencing the severity of these penalties:

Key Factors That Influence DWI Penalties

Aggravating Factors: These increase the severity of the sentence. Examples include high blood alcohol concentration, reckless or dangerous driving, and driving with a suspended license due to a previous DWI.

Grossly Aggravating Factors: Even more serious than aggravating factors, these can lead to harsher penalties. Examples are being convicted of a similar offense within seven years or causing serious injury to another person while driving under the influence.

Mitigating Factors: These can lead to reduced penalties. Examples include having a safe driving record prior to the offense, a low blood alcohol level, or voluntarily entering a rehabilitation program.

Balancing the Factors

The interplay between these factors will ultimately shape the outcome of your case. If mitigating factors outweigh the aggravating ones, it may result in a more lenient sentence. Conversely, if aggravating factors dominate, you may face harsher consequences.

Role of Legal Representation

Having skilled legal representation can be crucial in identifying and emphasizing any mitigating factors in your situation. This strategic approach could substantially influence the case outcome by advocating for reduced charges or lesser penalties.

Don’t Face the Law Alone

Being charged with a DWI, criminal, or traffic offense and facing the law is intimidating and isolating. Work with a defense team that fights and cares for you.

Get Clarity with the Unknown

Getting charged with a criminal offense and trying to navigate the legal process is often disorienting and overwhelming. Get the answers you want and the plan you need to get your life back on track.

Legal Consequences of Refusing a Blood Alcohol Test in North Carolina

Under North Carolina‘s Implied Consent Laws, drivers implicitly agree to undergo blood alcohol testing if they are stopped for suspected impaired driving. However, if you choose to refuse these tests, there are significant legal consequences to consider.

Key Consequences

  • License Revocation: If you willfully refuse a blood alcohol test, your driver’s license can be revoked for a minimum of one year. This penalty applies regardless of whether you are eventually found guilty of driving while impaired (DWI).
  • Additional Penalties: Apart from losing your driving privileges, refusing the test can also complicate your legal situation. The refusal itself can be used as evidence in court, potentially influencing the outcome of your case in a negative way.

Understanding Your Rights

While you have the right to refuse the test, it’s important to be fully aware of these consequences. The legal system in North Carolina takes a strong stance on implied consent, and being informed can help you make the best decision in the moment.

DUI Defense Is What We Do

Being charged with a DUI can be the low point of your life. At Minick Law, P.C., our Asheville DUI lawyers embrace a simple mission: we want to help.

DUI charges will usually leave you feeling uncertain, anxious and overwhelmed. It is hard to determine what the future may bring in the case and in your life after court.

Minick Law, P.C. will strive to listen and understand your situation while keeping you well-informed of developments in your case.

Our DUI Defense team will explain the legal process in clear terms, and guide you through your case, every step of the way.

Asheville, NC DUI Lawyers

Minick Law, P.C. of Asheville delivers aggressive, yet compassionate, DWI Defense. Our office is conveniently located in downtown Asheville, not far from the Thomas Wolfe Memorial. We have staff members standing by ready to assist you with your case. Our Asheville DUI lawyers are proud to serve the citizens of Asheville and provide legal assistance through the their trying times with our aggressive DWI defense and our client focused service. Attorney James Minick is known as the “Asheville DWI Guy” and is the co-author of the book A Cup of Coffee with 10 of the Top DUI Attorneys in the United States. James was named by the National Trial Lawyers Association as one of their Top 100 Trial Lawyers for 2014-2015 and is a General Member of the National College for DUI Defense. Attorney Blake Marcus graduated with honors from Michigan State University College of Law and was an intern during law school for the honorable Michelle M. Rick in the 29th Circuit Court of Michigan. Both of our Asheville DWI lawyers have passed and complete the National Highway Traffic Safety Administration’s course regarding DUI Detection and Standardized Field Sobriety Testing. Minick Law, P.C. is here to help!

DWI Defense That Cares and Fights For You

Getting a DWI (driving while impaired) or a DUI (driving under the influence) can lead to jail time, court fines, license suspensions, high insurance rates, and much more. In North Carolina, DWI/DUI law is one of the most complex areas of criminal law. Our Asheville DWI lawyers handle Habitual DWI cases, Felony Driving While Impaired, Federal Driving Under Influence (DUI charged on Federal lands or parkway), and Drug Related Impaired Driving cases (including marijuana DWI charges). At Minick Law, P.C., we give our clients the opportunity to have attorney who will not only fight for you in court but who also care about you and your well being. We will work with you to make sure we get all of the facts and create an action plan to get the best possible results on your case.

Contact Our Asheville Office

DWI Lawyers of Asheville

Address: 30 Orchard St Asheville, NC 28801
Phone: (828) 333-5024Fax: (828) 212-4300

Cities We Serve: Asheville, Marion, and Mars Hill.
Counties We Serve: Buncombe, Madison, and McDowell.

Frequently Asked Questions for Asheville DUI Lawyers:

How Are You Different From Other Asheville DUI Lawyers?

Unlike other lawyers in Asheville, our practice concentrates primarily on DWI defense.

We’re also extremely focused on office training. We spend a great deal of time honing our skills through mock trials within the office. Many other attorneys do Continuing Legal Education (CLE) for DWIs, but are not allowed to discuss the particulars of their case. At Minick Law, because we all work in one firm, we can use names, specific places, and the full detail of facts, to bounce ideas off one another. With attorneys that concentrate in the DWI arena, you have an entire firm helping you get the best outcome for your case.

Not only do our lawyers concentrate in DWI cases, but our staff as well. Our staff members know more about driving privileges and the court process than some attorneys. Our entire team goes above and beyond to ensure that you have all the information you need and the best possible defense.

Will I Go to Jail if I am Convicted of a DWI in North Carolina?

Will I Go to Jail if I am Convicted of a DWI in North Carolina?

While jail time is a possibility for any person convicted of a DWI, the realistic likelihood of jail time depends on a whole number of different factors. The vast majority of people charged with their first DWI are not sentenced to do any active jail time. Jail time is more likely for a person with prior DWIs, a child in the car, an accident that causes injury to another person, or driving on a license that is suspended for a DWI.

In Asheville, NC, North Carolina‘s strict laws aim to deter drunk driving and ensure public safety. For a first-time DUI offense, penalties can include a minimum jail sentence of 24 hours up to a maximum of 120 days, though community service may be an alternative.

Will I be Allowed to Drive after Getting a DWI?

There are many driving consequences that can arise from a DWI. The length of suspensions related to DWI and the requirements for license reinstatement vary greatly depending on a number of factors, including prior DWI charges, the blood or breath alcohol concentration (BAC) at the time of the DWI charge, and whether the driver’s license was suspended at the time of the charge. For a first offense DWI case in North Carolina, a person’s license will be suspended for one year. Most people convicted of their first offense will be able to get a limited driving privilege that will allow them to drive for work, educational, treatment, and religious purposes.

For subsequent DUI offenses, the penalties become more severe. The offender’s license suspension period is extended, and fines increase. The court may also require the installation of an ignition interlock device in the offender’s vehicle, which mandates passing a breathalyzer test before starting the car.

How Much Money Will Getting a DWI Cost Me?

The financial consequences of a DWI are significant and can include: attorney’s fees, court costs and fines, increases in auto insurance premiums, the cost of obtaining an alcohol assessment and completing any recommended treatment, continuous alcohol monitoring, inpatient treatment, and impact on employment.

Fines for a DUI in Asheville range from $200 to $4,000, depending on the case details. Aggravating factors, such as excessive BAC levels or incidents resulting in injury, can lead to enhanced penalties, including longer jail sentences and higher fines. In severe cases where a DUI results in serious injury or death, offenders may face felony charges with substantial prison time.

It’s crucial to consult with a legal professional for accurate and up-to-date information on DUI penalties, as laws can change and each case is unique.

Will I be Allowed to Drive after Getting a DWI?

There are many driving consequences that can arise from a DWI. The length of suspensions related to DWI and the requirements for license reinstatement vary greatly depending on a number of factors, including: prior DWI charges, the blood/breath alcohol concentration (BAC) at the time of the DWI charge, and whether the driver’s license was suspended at the time of the charge. For a first offense DWI case in North Carolina, a person’s license will be suspended for one year. Most people convicted of their first offense will be able to get a limited driving privilege that will allow them to drive for work, educational, treatment, and religious purposes.

How Much Money Will Getting a DWI Cost Me?

The financial consequences of a DWI are significant and can include: attorney’s fees, court costs and fines, increases in auto insurance premiums, the cost of obtaining an alcohol assessment and completing any recommended treatment, continuous alcohol monitoring, inpatient treatment, and impact on employment.

Should I have been read my Miranda Rights during my DWI Arrest?

In North Carolina, officers frequently do not read Miranda rights at the time of a DWI arrest and often a suspect is never advised of Miranda rights during the entire encounter with police. In the context of a DWI arrest, the lack of Miranda warnings is not likely to result in a dismissal of charges. Most of the time statements made by a DWI suspect after arrest are not particularly important in the State’s prosecution. The suspect’s statements and field sobriety tests prior to arrest combined with a blood or breath alcohol result may be enough for the State to proceed to trial on a DWI charge.

When a driver is arrested for DWI (Driving While Intoxicated), several rights come into play regarding alcohol testing and legal consultation:

Informed Consent: Police officers must provide the driver with a written notification detailing their rights related to alcohol testing. This ensures that the driver clearly understands what is involved in the process.

Right to an Independent Test: The driver can request an additional alcohol test from a third-party laboratory. This option offers a chance to verify the results obtained by police, potentially strengthening the defense if discrepancies arise.

Legal Consultation: Drivers have the right to consult with an attorney before the alcohol test. They can also choose to have a legal representative and a witness present during the procedure, as long as doing so does not delay the test by more than 30 minutes.

These rights aim to safeguard the driver’s legal interests while ensuring the integrity and fairness of the alcohol testing process.

How Do Mitigating and Aggravating Factors Influence DWI Sentencing in Asheville?

How Do Mitigating and Aggravating Factors Influence DWI Sentencing in Asheville?

When you’re convicted of a DWI in Asheville, North Carolina, the penalties can be significant, potentially encompassing jail time, hefty fines, community service, mandatory treatment programs, and even an Ignition Interlock Device installation. However, the ultimate severity of your sentencing can swing depending on specific factors involved in your case.

Aggravating Factors

Aggravating factors are elements that can increase the harshness of your sentence. For example, having a high blood alcohol level, reckless driving, or causing an accident can all serve as aggravating factors. These factors paint the situation in a more negative light, leading to stricter penalties.

Mitigating Factors

Conversely, mitigating factors can lead to reduced sentencing. These might include circumstances such as having a clean driving record, showing genuine remorse, or actively participating in rehabilitation programs. By presenting these factors, you provide the court with context that may warrant a lighter penalty.

The Balancing Act

The court assesses both aggravating and mitigating factors to reach a fair decision. If the mitigating factors outweigh the aggravating ones, the defendant may receive a more lenient sentence. Conversely, a predominance of aggravating factors could result in increased punishment.

Having a knowledgeable criminal defense lawyer can be crucial. They identify and emphasize mitigating factors, striving to tip the scales in your favor for a more favorable outcome. Understanding how these factors interplay is vital for anyone facing DWI charges.

What are My Blood Alcohol Test Rights in Asheville?

Understanding Your Blood Alcohol Test Rights in Asheville

In Asheville, drivers have specific rights regarding blood alcohol tests, designed to protect their freedoms and ensure fair treatment. Here’s what you need to know to safeguard your rights:

Right to Refuse Testing: You are not obligated to submit to a blood alcohol test immediately. If you opt to decline, officers cannot proceed with the test without securing a search warrant first.

Written Notification: Officers must provide you with a written statement explaining your rights concerning blood alcohol tests. This ensures you are fully informed before making any decisions.

Requesting Another Test: You have the option to request an independent blood alcohol test conducted by a third party. This can be crucial for ensuring accuracy and fairness.

Legal Representation and Witness: You are entitled to speak with an attorney and have a witness present during the test. However, this should not result in more than a 30-minute delay.

Understanding these rights is vital in maintaining your legal protections. Police officers are required to adhere to these regulations, and any failure to do so could impact the validity of their case against you. Always ensure your rights are fully respected.

Do I Have to Take a Blood Test if I’m Arrested for DWI in Asheville?

Do I Have to Take a Blood Test if I’m Arrested for DWI in Asheville?

If you’re arrested for a DWI (Driving While Impaired) in Asheville, you might wonder about your obligation to undergo a blood test. Under North Carolina‘s Implied Consent Laws, when you drive on the state’s roads, you automatically agree to submit to blood alcohol testing when lawfully arrested for a DWI. This could be a blood test or a breathalyzer, depending on the officer’s choice.

What Are Your Options?

  • Breathalyzer vs. Blood Test: Law enforcement typically utilizes breathalyzers, but in some cases, they may perform a blood test to determine blood alcohol concentration (BAC).

  • Right to Refuse: You do possess the right to refuse these tests. However, bear in mind the significant consequences that accompany refusal.

Consequences of Refusal

  • License Revocation: If you willfully refuse the test, your driver’s license can be revoked for at least one year, even if you aren’t convicted of DWI.

  • Legal Implications: Refusal could be used against you in court, potentially complicating your defense.

Navigating these laws is crucial in understanding your rights and potential consequences if faced with a DWI arrest in Asheville. Always consider consulting with a legal expert if you’re in such a situation to ensure your actions align with your best interests.

What Tests Do Law Enforcement Officers Use in DWI Cases in Asheville?

Tests Utilized in DWI Cases in Asheville

In Asheville, law enforcement officers employ various assessments to evaluate drivers suspected of driving while intoxicated. Should an officer suspect intoxication, they have several tools at their disposal to conduct roadside assessments and tests.

  • Field Sobriety Tests: These are standardized tests designed to gauge a driver’s physical and cognitive capabilities. They include three primary tasks: the Horizontal Gaze Nystagmus (tracking eye movement), the Walk-and-Turn (walking in a straight line with heel-to-toe steps), and the One-Leg Stand (balancing on one leg). While these tests are frequently used, drivers have the legal right to refuse them.

  • Chemical Tests: To accurately measure a driver’s blood alcohol concentration (BAC), officers may administer breath, blood, or urine tests. Breath tests, often using devices like the Intoxilyzer, are particularly common. However, for a breath test to be valid in a court setting, it must adhere to strict regulatory and administrative standards.

While these tests provide substantial insights into a driver’s sobriety, they are not infallible. Astute criminal defense attorneys can often challenge their reliability and accuracy to undermine the prosecution’s case.

What Tests Do Law Enforcement Officers Use in DWI Cases in Asheville?

Understanding DWI in Asheville, North Carolina

In Asheville, North Carolina, driving while impaired (DWI) is a serious offense with specific criteria that define what constitutes this charge. The legal threshold for alcohol consumption while driving is similar to other states but has its peculiarities to note.

Legal Limits and Criteria

Blood Alcohol Concentration (BAC) Thresholds:

For most drivers, a BAC of 0.08% or higher can result in a DWI charge.

For commercial drivers, the limit is more stringent, set at a BAC of 0.04%.

Controlled Substances:

Having any detectable amount of a Schedule 1 controlled substance or its derivatives in your system, as indicated by urine or blood tests, can lead to a DWI.

Underage Drinking and Driving:

Drivers under 21 are held to a zero-tolerance policy. Any detectable level of drugs or alcohol is grounds for a DWI charge.

Signs and Evidence for DWI

Law enforcement officials may suspect impairment due to erratic or reckless driving behaviors. Typical indicators include:

  • Failing a breathalyzer test.
  • Performing poorly on field sobriety tests.
  • Exhibiting visible signs of intoxication.

While these methods are not infallible, they are commonly used to support DWI charges. Evidence gathered can influence the outcome, with knowledgeable legal counsel potentially contesting its validity.

In summary, a combination of a measurable BAC, the presence of drugs, or observed impaired behavior can render a driver liable for a DWI in Asheville. Understanding these parameters can help navigate the complexities of such charges.

Get the defense you need from a law firm that cares.

James Minick

Attorney

James Minick is the ‘Asheville DWI Guy’. He has handled hundreds of DWI cases throughout Western North Carolina.

avvoNational Trial Law Top 100 Lawyer

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The National Trial Lawyers association has named James one of its Top 100 Trial Lawyers for 2014-2015. He is a General Member of the National College for DUI Defense, and has successfully completed the National Highway Traffic Safety Administration’s course on DUI Detection and Standardized Field Sobriety Testing, a 24 hour course taught to officers trained in DWI investigations. James and his beautiful wife, Laura, have 5 children and are proud foster parents. He concentrates his practice in: DWI / DUI Defense

Asheville DWI News & Resources

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