Our DUI defense team is here to help.

Our Durham DUI lawyers are ready to help you through your DUI case and provide aggressive defense to bring about the best possible outcome in your case.

Being charged with a DUI (driving under the influence) or DWI (driving while impaired) can leave you feeling anxious, fearful, and confused. There can be significant legal ramifications from an arrest, including jail time and court fines, loss of driving privileges, increased insurance rates, employment consequences, and financial uncertainty.

Our Durham DUI lawyers are here to help! We will investigate your unique case and guide you through every step of legal process. Our office is conveniently located just a few minutes’ walk from Durham Central Park.

DUI Lawyers Durham, NC

Our Durham DUI lawyers provide compassionate support and direction throughout the legal process. We care about you and your well-being, and we will work relentlessly to give you the best possible defense in your case.

Being native to North Carolina, our DUI lawyers are intimately familiar with the inner workings of this complex legal area, as well as local nuances in the NC court systems.

Minick Law, P.C. of Durham

Address: 401 N Mangum St, Durham, NC 27701

Phone: (919) 237-9520 | Fax: (828) 212-4300

Cities We Serve: Durham, Rougemont, Gorman,  Alamance, Graham, Elon, Haw River, Saxapahaw, Swepsonville, Green Level, Glen Raven, Altamahaw-Ossipee, Ossipee, Woodlawn, Chapel Hill, Hillsborough, Carrboro, Elfland.

Counties We Serve: Alamance, Durham, and Orange.

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 DWI’s, a child in the car, an accident which causes injury to another person or driving on a license which is suspended for a DWI.

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
• 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.

In Durham, the timing and conditions for reinstating your driving privileges can be influenced by additional local requirements. After a DWI conviction, you may need to complete specific court-ordered programs or evaluations before you can apply for a limited driving privilege. The local DMV office will provide a detailed list of steps you must follow to ensure compliance with both state and local regulations.

Moreover, if your BAC level was particularly high or if there were aggravating factors during your arrest, additional penalties or longer suspension periods might apply, delaying your ability to drive again. It’s crucial to consult with a legal professional familiar with Durham‘s specific DWI laws to navigate these complexities effectively.

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.

What Should You Do If You’re Stopped for DWI?

Facing a Driving While Intoxicated (DWI) stop can be intimidating. The key is to remain calm and informed. Here’s a guide to help you navigate this stressful situation effectively.

Stay Calm and Composed

First and foremost, take a deep breath and maintain your composure. Your behavior during this interaction can significantly impact the outcome.

Pull Over Safely: Find a safe location to pull over. Use your turn signal to indicate your intention.

Stay in Your Vehicle: Unless instructed otherwise by the officer, remain in your seat. Keep your hands visible on the steering wheel.

Communicate Clearly and Politely

How you communicate can set the tone for the encounter.

• Have your documents ready: Prepare your driver’s license, registration, and proof of insurance.
• Be respectful and truthful: Answer questions honestly but succinctly. Avoid volunteering excessive information.

Understand Your Rights

Knowing your rights is crucial during a DWI stop.

• Right to Remain Silent: You have the right to remain silent beyond providing basic identification details.

• Field Sobriety Tests: Depending on your location, you might have the choice to decline field sobriety tests. Be aware of what you are legally required to do in your state.

Consider Legal Implications

Every action you take at the stop could have legal repercussions.

• Breath or Blood Tests: In many jurisdictions, refusing a chemical test can lead to automatic license suspension. Understand the implied consent laws applicable in your state.

• Request Legal Counsel: If arrested, you have the right to speak with an attorney. Consider consulting a DUI lawyer to navigate the legal proceedings.

Take Note of Details

Remembering specific details can be helpful later.

• Document the Encounter: If possible, take mental notes of the officer’s badge number, patrol car number, and the sequence of events.

• Collect Witnesses: If there are passengers or nearby witnesses, they may be able to provide an account of the situation if needed.

Handling a DWI stop is about being informed and remaining poised. By following these steps, you can better manage the situation and protect your rights.

Understanding DWI and DUI in North Carolina

In North Carolina, legal terms have evolved over time when it comes to impaired driving. Once commonly referred to as DUI, or Driving Under the Influence, the term has shifted to DWI, which stands for Driving While Impaired.

What Is DWI?

DWI in North Carolina encompasses a broader scope of impairment, including not only alcohol but any substance that may impair a person’s mental or physical faculties. This includes drugs, whether they are prescription, over-the-counter, or illegal substances.

• Definition: DWI indicates a loss of normal control over mental or physical capabilities caused by any impairing substance, which results in being appreciably impaired.
• Substances Involved: While alcohol is a common factor, it also can involve other central nervous system depressants that slow down reaction times and cognitive processes.

DUI vs. DWI

Though DUI and DWI might seem interchangeable to some, understanding the nuances is crucial for legal interpretations.

1. DUI (Driving Under the Influence):

   • Historically focused on impairment due to alcohol consumption.
   • Still commonly used in public discourse.

2. DWI (Driving While Impaired):

   • The current legal terminology in NC.
   • Broader than DUI, covering impairment by alcohol, drugs, or any combination thereof.
   • Acknowledges a wider range of substances affecting driving ability.

Why the Change?

The transition from DUI to DWI aims to address the comprehensive range of impairing substances affecting driver safety. This approach reflects the understanding that impairment can stem from diverse chemical influences, not just alcohol.

By adhering to these definitions, North Carolina law effectively targets all forms of impaired driving, promoting safer roads for everyone.

What Constitutes Impaired Driving in North Carolina?

In North Carolina, impaired driving encompasses more than just driving under the influence of alcohol. Here’s a breakdown of what it involves:

1. Driving Under the Influence of Substances: If an individual operates a vehicle on public roads while influenced by an impairing substance, this constitutes impaired driving. The key factor is “appreciable impairment,” meaning the impairment is noticeable or can be observed by others, particularly law enforcement.

2. Alcohol Level in the Blood: Having a blood alcohol concentration (BAC) of 0.08% or above, measured at any relevant time after driving, qualifies as impairment. This concentration level is commonly recognized across many states as the legal threshold for drunk driving.

3. Presence of Controlled Substances: Any detectable amount of a Schedule I controlled substance in your system while driving can lead to charges of impaired driving. These substances can be anything classified under Schedule I, which typically includes drugs with a high potential for abuse and no accepted medical use, like heroin or LSD.

It’s important to note that impairment extends beyond just alcohol. Even the ability of law enforcement to “appreciate,” “notice,” or “describe” the impairment is enough grounds for a conviction. Thus, it highlights the importance of understanding the strict nature of impaired driving laws within the state.

Is DWI Considered a Felony or Misdemeanor in North Carolina?

In North Carolina, a DWI (Driving While Impaired) charge is typically classified as a misdemeanor. However, there are key exceptions that can elevate it to a felony status.

General Rule and Exceptions:

• Misdemeanor DWI: Most first-time DWI offenses are treated as misdemeanors. This is the case if there are no aggravating factors or prior convictions.
• Felony DWI: Certain circumstances can escalate a DWI to a felony. For instance:
  • Repeat Offenses: If a person has been convicted of three or more DWI offenses within the past 10 years, the charge can be elevated to a felony.
  • Serious Injury or Death: If the impaired driving results in severe injury or vehicular manslaughter, it may lead to felony charges.

North Carolina’s legal framework is complex, and these distinctions highlight the importance of consulting with an experienced defense attorney. They can navigate the nuances and exceptions specific to each case, providing guidance tailored to the situation at hand.

What is Habitual Impaired Driving?

Habitual impaired driving refers to the repeated offense of driving under the influence of alcohol or drugs. In many jurisdictions, including North Carolina, this charge arises when someone has multiple convictions for driving while impaired (DWI) within a specific timeframe.

Key Aspects of Habitual Impaired Driving:

• Repeated Offenses: To be considered habitual, a person typically must have three or more previous DWI convictions within a 10-year period.
• Serious Legal Implications: Being charged with habitual impaired driving escalates the legal consequences significantly. It can lead to severe penalties, including mandatory jail time and heavy fines.
• Potential for Additional Charges: If involved in a serious accident while impaired, a habitual offender might face even more severe charges, such as manslaughter or even murder, depending on the circumstances.
• Impact on Driving Privileges: Those convicted may face long-term or permanent revocation of their driver’s license, alongside other restrictive measures.

This legal classification aims to deter repeat offenders by applying stricter penalties, emphasizing the serious risks they pose to public safety.

Can Texting While Driving Be Grounds for Reasonable Suspicion to Stop a Vehicle?

Texting while driving is a serious issue on the roads, and law enforcement officers are increasingly vigilant about detecting this dangerous behavior.

Legal Framework

In many jurisdictions, texting while driving is considered a traffic violation, akin to reckless driving or speeding. Laws against texting vary, but they generally provide police officers with the authority to stop a vehicle if a driver is suspected of texting.

Grounds for Reasonable Suspicion

Reasonable suspicion is a legal standard that allows officers to stop a vehicle when they have a particularized and objective basis for suspecting legal wrongdoing.

• Observable Behavior: Officers may observe erratic driving behavior, such as swerving between lanes, inconsistent speeds, or failure to obey traffic signals, which could signal that a driver is distracted by their phone.
• Visible Texting: If an officer directly sees a driver holding and using a device in a way that suggests texting, this can also be sufficient cause to initiate a stop.

Technological Assistance

With advancements in technology, some officers use devices that can detect active data transmissions from a phone, further supporting suspicion of texting while driving.

Case Outcomes

Courts generally uphold traffic stops where reasonable suspicion of texting is supported by clear evidence. However, each case is judged on its specific facts, and evidence is crucial.

Texting while driving is not only illegal in many areas but also a recognized public hazard. Thus, police have strong justification to stop vehicles believed to be engaging in this activity to ensure road safety. Always be mindful of the laws in your jurisdiction and prioritize safe driving habits to avoid such situations.