Let us handle your DUI defense.

Our Charlotte DUI lawyers provide the support and expertise you need for a effective DWI Defense.

Receiving a DUI charge is on no one’s “to-do list” and can be a really tough time in someone’s life. At Minick Law, P.C., our DUI Defense Lawyers embrace a simple mission: we want to help.

Going into criminal law proceedings can leave you feeling stressful, sad, anxious and overwhelmed. It is hard to foresee the future and uncertainty can be blinding. Our Charlotte DUI lawyers will help you clearly understand the legal process you are going through which can be confusing to navigate on your own.

DUI Lawyers Charlotte, NC

Minick Law, P.C. of Charlotte assists clients in DWI / DUI cases. Our Charlotte DUI lawyers give all of our clients the highest level of legal representation. Our attorneys are constantly working to improve their knowledge of DUI laws to give our clients the defense they deserve. Come visit our office, conveniently located in downtown Ayrsley! Our staff is ready to help you immediately.

Attorney Lance Williams delivers aggressive DUI Defense and also served 12 years as Deputy Sheriff in Harvey, LA before he started law school. His experience in law enforcement lends him unique insights into the mistakes law enforcement officers are apt to make within DUI processes.

During his time as a law enforcement officer, Lance worked in the Street Crimes Division and was also a Team Leader of the Special Weapons and Tactics (SWAT) Team. Lance is certified in DWI Detection and Standardized Field Sobriety Testing and Advanced Roadside Impaired Driving Enforcement by the National Highway Traffic Safety Administration.

DUI defense that fights and cares for you.

Getting a DWI (driving while impaired) or a DUI (driving under the influence) can lead to many misfortunes such as license suspensions, high insurance rates, and even time in jail.

DWI/DUI law is a very complicated area of criminal law in the State of North Carolina. The types of cases we handle include Habitual DWI, 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. of Charlotte, our Charlotte DUI lawyers do more than just fight for your in the courtroom. We care about your well-being and your future. Our team will work with you to make sure we get all of the facts and create an organized action plan to move towards the best results for your case.

Understanding DWI Offense Levels and Penalties in North Carolina

In North Carolina, the severity of a Driving While Impaired (DWI) charge can vary widely, shaped by factors such as blood alcohol content (BAC), past offenses, and other aggravating circumstances. Here’s how the different levels of DWI offenses are categorized, along with their penalties.

DWI Offense Levels and Penalties

Level 5 DWI

• Description: This is the least severe category for a DWI offense.
• Penalties:
  • License suspension for 30 days, with limited driving privileges possibly available after 10 days.
  • Fines up to $200.
  • Jail time ranging from 24 hours to 60 days.
  • Substance abuse assessment required if on probation.

Level 4 DWI

• Description: A more serious charge, often applied when minor aggravating factors are present.
• Penalties:
  • License suspension for 30 days; possible driving privileges after 10 days.
  • Fines can reach up to $500.
  • Jail time extends from 48 hours to 120 days.
  • Substance abuse assessment required if on probation.

Level 3 DWI

• Description: Mid-tier offense level, applied with moderate aggravating factors.
• Penalties:
  • License suspension for 30 days; driving privileges may be granted after 10 days.
  • Fines can go up to $1,000.
  • Jail terms range from 72 hours to six months.
  • Substance abuse assessment required if on probation.

Level 2 DWI

• Description: More severe due to significant aggravating factors such as prior offenses.
• Penalties:
  • License suspension for 30 days; limited driving privileges after 10 days possible.
  • Fines up to $2,000.
  • Jail time ranges from seven days to 12 months, with a minimum of seven days mandatory.
  • Substance abuse assessment required.

Level 1 DWI

• Description: This level includes major aggravating factors, enhancing the strictness of the penalties.
• Penalties:
  • License suspension for 30 days; limited driving privileges considered after 10 days.
  • Fines go up to $4,000.
  • Jail time from 30 days to 24 months, with a minimum of three days.
  • Substance abuse assessment required.

Aggravated Level 1 DWI

• Description: The toughest DWI charge, reserved for offenses with at least three grossly aggravating factors.
• Penalties:
  • License suspension for 30 days; limited driving privileges possible after 10 days.
  • Fines reach up to $10,000.
  • Incarceration from 12 to 36 months.
  • Monitored abstinence for four months following release.
  • Mandatory substance abuse assessment.

Understanding these levels and their respective consequences can be crucial for anyone facing a DWI charge in North Carolina. It’s advisable to consult with legal professionals for personalized guidance tailored to specific circumstances.

Minick Law, P.C. of Charlotte

Address: 5940 Monroe Rd, Charlotte, NC 28212
Phone: (704) 215-4242 | Fax: (828) 212-4300

Cities We Serve: Charlotte, NC.
Counties We Serve: Mecklenburg County.

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 which causes injury to another person, or driving on a license which is suspended for a DWI.

Understanding the potential penalties in North Carolina can help you anticipate what might lie ahead. Here’s a closer look at the levels of DWI offenses and their corresponding penalties:

DWI Level 5

• Penalty: This is the least severe level, often involving:
  • Immediate license suspension for 30 days
  • Driving privileges available after 10 days
  • Up to a $200 fine
  • Jail time ranging from 24 hours to 60 days
  • A substance abuse assessment if placed on probation

DWI Level 4

• Penalty: Penalties may include:
  • License suspension for 30 days
  • Possibility of driving privileges after 10 days
  • Up to a $500 fine
  • Jail time between 48 hours and 120 days
  • Substance abuse assessment if on probation

DWI Level 3

• Penalty: May result in:
  • License suspension for 30 days
  • Limited driving privileges after 10 days
  • Up to a $1,000 fine
  • Jail time between 72 hours and six months
  • Substance abuse assessment if on probation

DWI Level 2

• Penalty: Consequences could be:
  • License suspension for 30 days
  • Limited driving privileges after 10 days
  • Up to a $2,000 fine
  • Jail time from seven days to 12 months, with a mandatory minimum of seven days
  • Substance abuse assessment

DWI Level 1

• Penalty: Involves:
  • License suspension for 30 days
  • Limited driving privileges after 10 days
  • Up to a $4,000 fine
  • Jail time ranging from 30 days to 24 months, with a mandatory minimum of three days
  • Substance abuse assessment

Aggravated DWI Level 1

• Penalty: This level is the most severe and is applied when at least three grossly aggravating factors are present:
  • License suspension for 30 days
  • Limited driving privileges after 10 days
  • Up to a $10,000 fine
  • Jail time between 12 months and 36 months
  • Monitored abstinence from alcohol for four months after release
  • Substance abuse assessment

Habitual DWI in NC

• Penalty: If arrested for your fourth DWI in the last 10 years, you face:
  • A felony DWI charge
  • A mandatory 12-month prison sentence
  • Permanent license revocation
  • Mandatory substance abuse treatment
  • Possible vehicle forfeiture

Each case is unique, and these penalties can vary based on individual circumstances. Knowing the potential outcomes can help you better prepare and seek appropriate legal advice.

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.

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.

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.

Consequences of Refusing a Mandatory Breath Test in North Carolina

In North Carolina, if you refuse to take a mandatory breath test at a police station after being arrested for a suspected DWI/DUI, you could face serious repercussions. Under the state’s implied consent law, declining this test can lead to civil penalties. One of the most significant consequences is the possible revocation of your driver’s license for up to one year.

Additional Implications:

• Legal Challenges: While you have the right to refuse, doing so may complicate your legal situation, making it more challenging to contest DUI charges in court.
• Insurance Impact: A revoked license can also affect your insurance premiums, as insurance companies often view this as a high-risk factor.

Understanding these potential outcomes is crucial if you’re considering refusing a breath test in North Carolina.

Understanding Blood Alcohol Concentration (BAC) Limits in North Carolina DWI Laws

In North Carolina, Driving While Impaired (DWI) regulations are notably stringent, designed to maintain road safety. The state’s laws specify clear Blood Alcohol Concentration (BAC) limits, which vary based on the driver’s situation:

• General Adult Drivers: For most drivers, a BAC of 0.08% or higher is considered illegal. Reaching or surpassing this level means you are driving under the influence.
• Commercial Vehicle Operators: Drivers holding a commercial license face stricter restrictions. For them, a BAC of 0.04% or higher can lead to a DWI charge, given their professional responsibility and potential for greater impact on road safety.
• Underage Drivers (Below 21 Years): Zero tolerance is the rule for drivers under 21. Any measurable BAC, specifically 0.01% or higher, can result in legal penalties. This law underscores North Carolina’s commitment to curbing underage drinking and driving.

These limits are enforced rigorously to enhance safety for all road users. Always prioritize safe driving by knowing your limits and understanding these essential legal parameters.

What is a “Habitual DWI” in North Carolina, and What Are Its Consequences?

In North Carolina, being charged with a “habitual DWI” signifies a serious offense rooted in repeated instances of impaired driving. This classification applies if an individual has been arrested for driving while impaired (DWI) four times within a ten-year period.

Consequences of Habitual DWI

The implications of a habitual DWI conviction are severe and long-lasting:

• Imprisonment: Conviction leads to a mandatory prison term of at least 12 months.
• License Revocation: Offenders face permanent revocation of their driving privileges.
• Substance Abuse Treatment: Enrollment in a mandatory substance abuse treatment program is required.
• Vehicle Forfeiture: There is a possibility of having your vehicle seized.

These penalties reflect the state’s stringent stance on repeat offenders, aiming to enhance public safety and deter impaired driving.

Yes, you can refuse to take a field sobriety test in North Carolina without facing a criminal penalty. This right includes declining roadside sobriety evaluations that law enforcement might suggest during a stop. Furthermore, you can also refuse the preliminary breathalyzer test (PBT) often used at the scene to obtain an initial sample.

These refusals can affect your situation differently than refusing other tests, like a chemical breath test at the station, so it’s essential to understand your rights and the possible implications.

Understanding DWI Field Sobriety and Chemical Tests in North Carolina

In North Carolina, when officers suspect a driver of being under the influence, they often rely on a variety of tests to determine impairment. These include field sobriety tests (FSTs) and chemical tests.

Field Sobriety Tests

Field Sobriety Tests consist of a series of physical and cognitive tasks designed to evaluate a driver’s balance, physical coordination, and attention. Common standardized tests include:

• Horizontal Gaze Nystagmus (HGN): Involves tracking an object with your eyes. The officer looks for involuntary jerking of the eye.
• Walk and Turn (WAT): Requires walking in a straight line, turning, and returning. It tests balance and the ability to follow instructions.
• One Leg Stand (OLS): Involves standing on one leg for a period and measures balance and stability.

These tests are optional in North Carolina. You have the right to decline them without facing criminal charges.

Preliminary Breathalyzer Test (PBT)

A PBT is a roadside breath test that gives officers an initial indication of blood alcohol content (BAC). While it can be requested during a stop, refusing this roadside test in North Carolina will not result in criminal repercussions, as it’s separate from the mandatory breath tests conducted later.

Chemical Testing

Unlike the PBT, chemical tests, usually breath, blood, or urine tests conducted at the station, are mandatory under North Carolina‘s implied consent law. Refusing them can result in a civil penalty, including the revocation of your driver’s license for up to one year.

To sum up, while roadside tests offer insight into impairment, the chemical tests back at the station carry legal obligations and consequences. Understanding your rights and the differences between these tests is crucial when navigating DWI laws in North Carolina.

Choosing Between a Public Defender and a Private Attorney for DWI Charges

When facing DWI charges, one crucial decision is whether to opt for a public defender or hire a private attorney. Understanding the differences between the two can significantly impact the outcome of your case.

Public Defenders

• Cost: Public defenders are assigned to you if you’re unable to afford private legal representation. This makes them a no-cost option, which can alleviate financial strain.
• Experience: These attorneys are seasoned and knowledgeable in criminal law, often with substantial courtroom experience. They understand the ins and outs of the legal system and can provide competent representation.
• Workload: A major drawback is their heavy caseload. Public defenders are often juggling multiple cases simultaneously, which can limit the amount of time and attention your case receives.

Private Attorneys

• Personalized Attention: Private attorneys can offer a more personalized approach. They typically have lighter caseloads, allowing them to devote more time and resources to your defense.
• Accessibility: With a private attorney, you’ll likely have more direct contact and faster response times, which is crucial for addressing questions or concerns as they arise.
• Specialization: Many private lawyers specialize in specific areas of law, such as defending against DWI charges, bringing a more targeted expertise to your case.

Ultimately, if finances allow, hiring a private attorney might offer advantages in terms of focus and specialization, potentially yielding a more favorable outcome for your DWI case. However, a public defender remains a viable choice when resources are limited, providing essential legal support at no cost.

Can You Be Charged with a DWI in North Carolina Without Having Alcohol in Your System?

Absolutely, it’s possible to be charged with a DWI in North Carolina even if you haven’t consumed alcohol. Here’s how:

1. Impaired by Substances: The law isn’t limited to alcohol. If you’re under the influence of any impairing substance— be it illegal drugs, prescription medications, or even over-the-counter medicines— you can face DWI charges.

2. Presence of Drugs: Driving with substances from Schedule I in your system, like certain narcotics, can lead to a DWI arrest, regardless of alcohol involvement.

3. Observable Impairment: Impairment doesn’t solely rely on your blood alcohol concentration (BAC). Even if your BAC is below the legal limit, law enforcement can assess your impairment based on your driving behavior, their observations, and your performance in field sobriety tests.

In summary, alcohol isn’t the only path to a DWI charge in North Carolina. The influence of other substances or observed impaired driving can also lead to serious legal consequences.

What Constitutes “Reasonable Suspicion” for a DWI Stop in Charlotte?

To stop a driver suspected of driving while impaired (DWI) in Charlotte, police officers need more than a hunch—they require “reasonable suspicion.” This legal standard mandates that an officer must observe specific behaviors or conditions that suggest impairment.

Key Indicators for Traffic Stops

• Erratic Driving: This includes behaviors such as speeding excessively, swerving between lanes, or failing to use turn signals. These signs can flag attention as they might indicate intoxication.

• Traffic Violations: Running red lights, ignoring stop signs, or failing to yield can also contribute to forming reasonable suspicion.

Once an officer has stopped a vehicle, their investigation begins. They actively look for additional signs of impairment to substantiate their suspicion.

Signs of Impairment After the Stop

• Physical Symptoms: Officers assess physical cues such as bloodshot eyes, slurred speech, or the odor of alcohol or drugs emanating from the driver.

• Visible Evidence: Inside the car, they’ll search for visible signs like empty bottles or drug paraphernalia, which can bolster their case for intoxication.

By piecing together these observations and gathering tangible evidence, a police officer can justify their actions under the law’s “reasonable suspicion” standard. This approach ensures that traffic stops are grounded in objective observation rather than arbitrary decision-making.