Our DUI defense team is here to help.

Receiving a DUI charge can be terrifying time in your life. At Minick Law, P.C., our Jacksonville DUI lawyers are part of a team focused on DUI Defense.

A driving while impaired (DWI) or driving under the influence (DUI) arrest can mean jail time and court fines, loss of driving privileges, increased insurance rates, employment consequences, and financial uncertainty.

Our Jacksonville DUI Defense team will work with you to create a detailed action plan on your case to achieve the best possible outcome and avoid the negative legal and financial impacts of a DUI charge.

DUI Lawyers Jacksonville, NC

Minick Law, P.C. of Jacksonville delivers aggressive, yet compassionate, DWI Defense on the coast of North Carolina.

Our office is conveniently located near the Jacksonville mall, and our staff is standing by to assist you with your case. Our Jacksonville DUI lawyers are natives of North Carolina and understand the complexities of its legal landscape, as well as the nature of the NC court systems.

Attorney Gint Krulikas graduated from the Charlotte School of Law and concentrates his practice in DWI Defense. He dedicates personal and professional time daily towards understanding DWI law and building defense plans.

Our Jacksonville DUI lawyers have passed and completed the National Highway Traffic Safety Administration’s course on DUI Detection and Standardized Field Sobriety Testing. Minick Law, P.C. of Jacksonville is here to help!

Get strategic DUI defense.

In order to prepare a thorough defense to your DUI charge, it is important to know how police officers and district attorneys investigate and prosecute DUI cases.

Our Jacksonville DUI lawyers handle all types of Driving While Impaired (DWI) charges, including: 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).

Aiming to achieve the best possible outcome on your case, our Jacksonville DUI lawyers dedicate themselves towards studying DUI law and DUI Defense strategies so that you have the information you need during one of life’s most trying times. We want to inform you about your case and answer any questions you have about the courtroom, driving, and life consequences of your DUI charge.

Minick Law, P.C. of Jacksonville

Address: 200 Valencia Dr, Jacksonville, NC 28546

Phone: (910) 300-9994 | Fax: (828) 212-4300

Cities We Serve: Beaufort, Clinton, Jacksonville, Kenansville, New Bern, and Trenton.
Counties We Serve: Carteret, Craven, Duplin, Jones, Onslow, and Sampson.

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.

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.

What Are the Consequences for a Fourth DUI, and Is It Considered a Felony?

Facing a fourth DUI charge carries serious legal implications, often more severe than previous offenses. Here’s a breakdown of what you can expect:

Felony Status

A fourth DUI can be classified as a felony, regardless of when your previous offenses occurred. The prosecution must meet specific legal criteria to use your prior DUI convictions in seeking a felony charge.

Jail Time

• No Mandatory Minimum: There’s no obligatory minimum sentence.
• Maximum Sentence: You could face up to 5 years in prison.

Financial Penalties

• Minimum Fine: $2,000, which can increase to $4,000 if your blood alcohol concentration (BAC) is 0.15 or higher, or if a minor is present in the vehicle.

Driver’s License Suspension

• Permanent Revocation: Your license will be revoked indefinitely, with no prospect of obtaining a hardship license.

Probation Terms

• Range: While there is no minimum probation period, it can extend up to 5 years.

Understanding these potential outcomes underscores the importance of recognizing the grave consequences associated with a fourth DUI offense. Always consult with legal professionals to navigate these complexities.

Understanding the “Wet Reckless” Plea in DUI Cases

When facing DUI charges, a “Wet Reckless” plea can sometimes be a strategic option. This plea involves admitting to Reckless Driving, yet it carries many of the probation terms of a DUI. Here’s what you need to know:

Key Advantages

1. Avoiding DUI Conviction: Opting for a “Wet Reckless” plea means you can potentially avoid the mandatory guilty adjudication that comes with a DUI. This can have significant implications for your legal record.
2. Reduced Stigma: A Reckless Driving conviction often has a lesser social stigma compared to a DUI, which might be beneficial for personal and professional reasons.
3. Penalties for Future Offenses: In the event of a future DUI, a “Wet Reckless” does not trigger the enhanced penalties that a prior DUI conviction would.

When Is a “Wet Reckless” Considered?

Prosecutors might offer a “Wet Reckless” plea when the evidence of impairment isn’t strong, yet there remains a risk that a jury might still convict on a DUI charge. This option requires careful consideration of several factors:

• Strength of Evidence: Weaker evidence might make a “Wet Reckless” an appealing option.
• Judicial Environment: Some judges might be more or less favorable towards a “Wet Reckless” plea.
• Risk Assessment: Your personal risk tolerance and willingness to proceed to trial should influence your decision.

Next Steps

It’s crucial to discuss your case with a knowledgeable criminal defense attorney to determine whether this plea is suitable for your situation. An attorney can assess the specific circumstances and advise you on the likelihood and potential benefits of negotiating a “Wet Reckless.”

Understanding Field Sobriety Tests: Procedures and Execution

Field sobriety tests are assessments conducted by law enforcement officers to evaluate if a person is impaired by alcohol or drugs. These tests are both standardized and non-standardized, and their main purpose is to observe physical and cognitive performance under specific conditions.

Standardized Field Sobriety Tests

1. Horizontal Gaze Nystagmus (HGN) Test:
This test involves an officer observing the eye movements of an individual as they follow a moving object. The officer looks for jerking or twitching in the eye muscles, which can indicate impairment. Proper execution of this test requires an officer trained in recognizing signs of intoxication through eye movements.

2. One Leg Stand Test:
During this test, individuals must stand on one foot with the other leg raised approximately six inches off the ground for 30 seconds. The officer observes for signs of imbalance such as swaying or using arms for balance, which can suggest impairment.

3. Walk and Turn Test:
The subject is asked to walk heel-to-toe along a straight line, often a strip of tape on the ground. They must turn on one foot and return in the opposite direction. Deviation from the line, incorrect number of steps, or loss of balance are factors an officer considers indicative of impairment.

Non-Standardized Field Sobriety Tests

1. Finger to Nose Test:
Individuals start with feet together and arms extended. They are instructed to close their eyes and alternately touch the tip of their nose with the index finger, as directed by the officer. Mistakes in touching the correct part of the nose or balance issues are noted.

2. Rhomberg Alphabet Test:
Participants stand with their eyes closed and recite the alphabet slowly, avoiding a singing rhythm. Officers look for signs of swaying or incorrect recitation of the alphabet, which may suggest impairment.

3. Rhomberg Balance Test:
This requires the individual to estimate 30 seconds with eyes closed, reporting when they believe time has elapsed. The officer assesses balance, the accuracy of time estimation, and physical swaying during this period.

Interpretation and Challenges

Officers interpret these tests to determine whether an individual’s faculties are impaired. However, it’s important to note that the results of these tests can be subjective and open to interpretation. If available, video recordings can provide the jury with a visual account of the individual’s performance, but without it, the officer’s testimony shapes the narrative. Additionally, any deviation from standardized procedures can impact the admissibility of test results in a court setting.

These field sobriety tests, executed uniformly across locations, aim to provide a consistent method for officers to evaluate impairment. However, understanding the nuances and potential biases in interpreting test results is crucial for all parties involved.

Do I Have to Submit to Field Sobriety Exercises If Asked by an Officer?

When an officer asks you to perform field sobriety exercises, it’s important to know that you are not legally obligated to comply. Your driver’s license won’t be automatically suspended for refusing these exercises.

However, there’s a catch. If you decide not to participate, this decision can be presented in court as potential evidence. A prosecutor might argue that your refusal indicates you believed you were impaired. But don’t worry—there’s room to defend your decision.

Legitimate Reasons to Refuse

1. Unfair Treatment: You might feel the officer is not handling the situation justly.
2. Medical Conditions: Certain health issues could impact your ability to perform the exercises accurately.
3. Distrust: Some people simply don’t trust these exercises as a fair measure of sobriety.
4. Advice from Others: A trusted source may have advised you against participating.

In court, you and your attorney can provide these or other valid reasons for your refusal, potentially neutralizing any negative assumptions. Always remember, it’s crucial to weigh your options and consider the implications before making a decision.

How Do Officers Determine if My Normal Faculties Are Impaired?

When pulled over on suspicion of driving under the influence, officers rely on a series of evaluations to judge whether your normal faculties are impaired. Here’s what typically happens:

1. Field Sobriety Exercises

Officers may ask you to perform certain physical and cognitive tasks. These exercises assess balance, coordination, and the ability to follow instructions. Common tests include walking in a straight line or standing on one leg. The results are subjective and based on the officer’s observations.

2. Indicators of Impairment

If you refuse to perform these exercises, or in addition to them, officers may note various physical and behavioral signs that suggest impairment. These may include:

• Odor of Alcohol: A noticeable smell on your breath or person.
• Bloodshot, Watery Eyes: A common sign associated with alcohol consumption.
• Flushed Face: Redness or an unusual coloring of the face.
• Slurred Speech: Difficulty in speaking clearly.
• Unsteady Stance: Trouble standing without swaying or staggering.
• Fumbling for Documents: Difficulty retrieving a driver’s license or car registration.

These indicators are based on the officer’s subjective evaluation and must be detailed in the arrest report to establish probable cause.

3. Breath or Blood Testing

In some jurisdictions, providing a breath or blood sample that measures .08 BAC (Blood Alcohol Content) or higher can serve as definitive evidence of impairment. If you consent to this testing and exceed the legal limit, it can significantly impact your case.

Without such tests, proving impairment relies heavily on the officer’s testimony, any video evidence available, or witness statements. It’s important to understand that while these signs are key factors, they can result from various non-impairment-related causes, making the interpretation subjective.

Understanding these procedures can help you prepare adequately if you find yourself in such an encounter, and knowing your rights is crucial in successfully navigating the legal process.

Understanding “Actual Physical Control” in a DUI Context

“Actual physical control” in the context of a DUI refers to a legal standard indicating that a person has the ability to operate a vehicle, even if they are not actively driving it at the moment. This means that simply being inside or on the vehicle, with the potential to engage its operations, qualifies as control.

Key Points to Consider:

• Presence and Capability: You can have actual physical control without driving. For example, sitting inside a parked car with the keys nearby could meet this criterion. The important factor is your ability to start and move the vehicle at will.

• Non-Operational Vehicles: Interestingly, the car doesn’t need to be running. Even if the engine is off and the keys aren’t in the ignition, you might still be considered to have actual physical control.

Common Defenses

When faced with charges based on this definition, some typical defenses include:

1. Vehicle’s Condition: Arguing that the car couldn’t be operated due to mechanical issues.

2. Access to Keys: Demonstrating that the keys were not within your immediate possession, thus lacking the potential to start the vehicle.

Understanding this broad definition can help you grasp why it’s possible to face DUI charges without actually driving. Taking precautions, such as ensuring someone else has the keys if you’re in a potentially compromising situation, can be vital.

Is It Mandatory for Law Enforcement to Video Record a DUI Investigation?

No, it is not mandatory for law enforcement to video record a DUI investigation. While having a video can be beneficial for the defense, showing potential discrepancies between an officer’s written report and the incident as it occurred, officers are not legally required to film these interactions.

Benefits of Video Evidence

• Highlighting Inconsistencies: Videos can reveal if an officer’s report is inaccurate or inconsistent.
• Strengthening Defense: Your attorney may leverage these recordings to challenge the officer’s account during a trial.

What Happens if There Is No Video?

In instances where there is no video footage, your defense attorney can question why the investigation wasn’t recorded. This line of questioning can draw attention to the lack of preserved evidence, potentially casting doubt on the prosecution’s case.

Overall, while video recordings can be a powerful tool in a DUI defense, they are not a legal obligation for law enforcement to provide during these investigations.

Can You Be Arrested for DUI If You’re Not Actually Driving?

The concept of “Actual Physical Control” broadens the scope of DUI charges beyond just driving. This legal term suggests that you can face DUI charges even if you are not actively driving the vehicle.

What Constitutes Actual Physical Control?

• Physical Presence: Being in or on the vehicle is necessary for actual physical control.
• Capability to Operate: You must have the capability to operate the vehicle, regardless of whether you actually do. This means that being inside a car with the potential to drive, such as having the keys nearby, can lead to charges—even if the keys aren’t in the ignition or the engine is off.

Real-World Implications

Imagine sleeping in a parked car with the keys in your pocket. You might think you’re acting responsibly by not driving; however, you’re technically still in control of the vehicle, which could result in a DUI arrest.

Common Defenses

If faced with a charge under actual physical control, consider these defenses:

1. Vehicle Inoperability: If the vehicle is not in a state to be driven (due to mechanical issues, for example), this could be a defense.

2. Key Accessibility: Demonstrating that the keys were not within immediate reach can also be a viable defense.

Understanding these nuances helps you navigate situations where you might not be driving but are still at risk for a DUI arrest. Prior awareness and smart choices can prevent unwanted legal complications.