DUI / DWI Lawyers

Our DUI / DWI lawyers fight and care for you.

How We Help

NC DUI / DWI Lawyers

Devastated. That is the feeling a driving while impaired (DWI) or driving under the influence (DUI) arrest brings to your life.

We are here to help you get your life back on track and get you the information you need to make the right decisions about moving forward with your case.

What Outcomes Does This Law Firm Aim For in DWI Cases?

When navigating the complexities of DWI cases, experienced legal representation is crucial. Minick Law is committed to pursuing a range of favorable outcomes for their clients. Here are the potential results they strive to achieve:

Case Dismissal: The ideal result is a complete dismissal of charges. The firm works diligently to identify any procedural errors or lack of evidence that could lead to this outcome.
Reduced Charges: If a dismissal is not possible, the firm aims to negotiate for reduced charges. This can significantly lessen the potential penalties and long-term consequences.
Acquittal: In situations that proceed to trial, striving for an acquittal is a top priority. The firm meticulously prepares to create reasonable doubt in the prosecution’s case.
Fair Sentencing: If a conviction occurs, the goal shifts to minimizing the sentence. This includes advocating for reduced fines, lesser probation terms, or alternative sentencing options like community service or alcohol education programs.

By focusing on these outcomes, the firm ensures that every case is approached with a strategic mindset, always with the client’s best interests in mind.

Critical Factors in Challenging a DWI Case

When challenging a DWI case, several critical factors come into play that can significantly influence the outcome.

1. Reasonable Suspicion for Stop

The first step in defending against a DWI charge is examining whether the traffic stop was justified. Police officers must have reasonable suspicion to pull over a driver. If this is lacking, it could be a pivotal point for dismissal of the case. Understanding the true motive behind the stop and assessing whether it infringes on your rights is fundamental.

2. Examination of Field Sobriety Tests

Field sobriety tests must be conducted following standardized procedures. Any deviation from these guidelines might render the results unreliable. Having a legal expert who understands these tests and their protocols ensures that they can effectively question the validity of their administration.

3. Scrutiny of Breathalyzer and Blood Test Results

Breath and blood tests are often key evidence in DWI cases. However, these tests must be executed correctly using properly calibrated equipment. Discrepancies in how the test was conducted or how the equipment was maintained can be grounds for challenging the test results in court.

4. Defense of Constitutional Rights

Protection of your constitutional rights is paramount. If any of your rights were violated during the arrest or investigation process, this can potentially undermine the prosecution’s case. An effective defense will vigorously contest any breach of rights.

5. Detailed Review of Police Conduct

The conduct of the police officers involved in the arrest is crucial. Compliance with legal procedures is expected, and any lapses or misconduct can weaken the case against you. Gathering all relevant reports and video evidence can be instrumental in identifying errors or misconduct.

In summary, mounting a robust defense against a DWI charge hinges on meticulous examination of the stop’s legitimacy, tests’ adherence to protocols, and unwavering defense of constitutional rights. Engaging with experienced legal professionals who are well-versed in these aspects can pivotally alter the case outcome.

Why Choosing an Experienced DWI Defense Lawyer is Crucial for Your Case

Choosing a lawyer can be one of the most important decisions you ever make. Whether you’re dealing with a criminal charge, a traffic offense, or a family law matter, the attorney you trust to handle your case can make a huge difference in your life and in your future. The stakes are high with a DWI charge, making the selection of your legal representative even more critical.

Expertise and Knowledge

An experienced DWI defense lawyer brings a wealth of knowledge to your case. With a deep understanding of local laws and precedents, they can craft a defense strategy tailored to your situation. This expertise is vital in navigating the complexities of DWI charges, ensuring no detail is overlooked.

Proven Track Record

Seasoned attorneys have dealt with numerous cases similar to yours, honing their skills over time. Their proven track record demonstrates an ability to achieve favorable outcomes, whether it’s reducing charges, minimizing penalties, or even having cases dismissed altogether.

Thorough Case Evaluation

Experienced DWI lawyers meticulously evaluate every aspect of your case. They analyze evidence, scrutinize police procedures, and challenge any inconsistencies. This thorough approach can uncover critical details that might be leveraged to your advantage in court.

Strong Advocacy

An established DWI defense lawyer is not just knowledgeable but also a powerful advocate. They possess the confidence and courtroom presence necessary to defend your rights effectively. This tenacity can make a significant difference in how your case is perceived by judges and juries.

Convenient and Accessible

With offices typically located in key areas, experienced DWI attorneys are readily accessible to clients. They understand the importance of face-to-face consultations and are committed to being available for meetings and discussions, providing personal and convenient legal support.

Comprehensive Team Support

When you hire a seasoned DWI defense lawyer, you often gain access to a dedicated team of legal professionals. This collaborative approach ensures every angle of your defense is covered, enhancing the quality of representation you receive.

Leadership and Influence

Respected DWI lawyers often have an influential presence in the legal community, contributing to advancements in DWI defense tactics. Their leadership and insights can be advantageous in staying ahead of prosecutorial strategies, further reinforcing your defense.

Choosing an experienced DWI defense lawyer means investing in expertise, advocacy, and comprehensive support, all of which are critical components in attaining the best possible outcome for your case. Remember, the right lawyer doesn’t just handle your case—they shape your future.

When facing a DWI charge, the stakes are high and the legal landscape is complex. While it’s your right to represent yourself, it’s important to understand the potential pitfalls of navigating this intricate system without professional guidance. The phrase “the lawyer who represents himself has a fool for a client” underscores the wisdom of seeking expert counsel.

Here’s why hiring a skilled DWI lawyer is essential:

Legal Complexity: DWI cases involve numerous legal intricacies that can significantly impact the outcome. A seasoned lawyer understands these nuances and can effectively maneuver through the legal process.
Advocacy and Representation: An experienced attorney provides robust advocacy, ensuring your rights are protected and your case is presented in the most favorable light.
Alternative Solutions: If cost is a concern, remember that court-appointed attorneys are available to provide assistance, ensuring you’re not left to tackle this alone.

Investing in a lawyer means choosing a partner who knows which route to take and why, helping you avoid the hard lessons that can come from self-representation.

Consequences of a DWI

Effectively navigating a DWI charge and its consequences begins with planning.

During our initial consultation we want to learn about the details of your case and the impact the DWI is having on your life, so that we can provide sound advice on your next steps.

The consequences of a DWI can include jail time and court fines, loss of driving privileges, increased insurance rates, employment consequences, and financial uncertainty.

In North Carolina, a DWI conviction results in the revocation of your driving privileges. The length of revocation increases with each subsequent offense:

First DWI Offense: Your license is revoked for 1 year if there are no prior DWI convictions within the last 3 years.
Second DWI Offense: A 4-year revocation applies if the second conviction occurs within 3 years. After 2 years, you may request a hearing to restore your license if you’ve completed a DWI substance abuse program and demonstrated significant lifestyle changes, verified by witnesses.
Third DWI Offense: This leads to a permanent loss of your license if the two most recent convictions happen within 5 years. After 5 years without a license, you can request a hearing for reinstatement.

Beyond the loss of driving privileges, a DWI has profound financial implications due to increased insurance rates. North Carolina‘s Safe Driver Incentive Plan (SDIP) assigns 12 insurance points for a DWI conviction, causing your insurance premium to spike by 400%. These elevated rates persist for three years, during which any additional points further inflate your premium.

When your insurance company learns of your DWI conviction, expect your premiums to rise. While you can stay with your current provider, it may be wise to explore other options. Some insurance companies cater specifically to individuals with DWI convictions, potentially offering more reasonable rates. Comparing policies could help mitigate the financial impact of your DWI.

The complexity of DWI/DUI law in the State of North Carolina magnifies these issues.

In addition to handling misdemeanor DWI charges, we handle Habitual DWI cases, Felony Driving While Impaired, Federal Driving Under Influence (DUI charged on Federal lands or parkway), Cherokee Tribal Court DWI, and Drug Related Impaired Driving cases (including marijuana DWI charges).

When facing a DWI charge, understanding your defense options is crucial. Our approach encompasses a range of strategies and support, tailored to your specific situation:

Skilled DWI Attorneys: Our team of experienced attorneys is dedicated to navigating the complexities of DWI laws, ensuring you receive expert legal representation.

Comprehensive Defense Strategies: We explore all possible defenses, from challenging the legality of the traffic stop to questioning the accuracy of breathalyzer tests and field sobriety tests.

Educational Resources: Access our DWI Defense FAQs to get answers to common questions and gain a deeper understanding of what to expect during the legal process.

Understanding Charges: Learn the differences between DWI and DUI, as well as how these charges might affect your case and potential defenses.

Sentencing Insights: We provide guidance on potential sentencing outcomes, helping you prepare for what lies ahead.

Hardship Licenses: If your driving privileges are at risk, we can assist in obtaining a hardship license, enabling you to maintain essential driving activities.

Ignition Interlock Devices: In certain cases, we may recommend or negotiate the use of ignition interlock devices as part of a defense strategy, allowing for continued vehicle use under monitored conditions.

By thoroughly understanding and addressing these components, we aim to minimize the implications of a DWI charge and support you through every step of the legal process.

Understanding DWI Offenses and Punishments in North Carolina

Driving While Impaired (DWI) offenses in North Carolina are classified into six levels, each carrying specific penalties based on severity and circumstances.

Level V

Penalties: Fines up to $200

Jail Time: 24 hours to 60 days

Suspension Options: Judges can suspend most of the sentence, provided the driver serves at least 24 hours in jail or completes the same amount of community service.

Level IV

Penalties: Fines up to $500

Jail Time: 48 hours to 120 days

Suspension Options: Part of the sentence can be suspended, but not less than 48 hours must be spent in jail or in community service.

Level III

Penalties: Fines up to $1,000

Jail Time: 72 hours to 6 months

Suspension Options: Judges may partially suspend the sentence, requiring a minimum of 72 hours in jail or community service.

Level II

Penalties: Fines up to $2,000

Jail Time: 7 days to 1 year

Suspension Options: The minimum sentence of 7 days can be suspended if the offender undergoes inpatient substance abuse treatment or uses an alcohol monitor extensively.

Level I

Penalties: Fines up to $4,000

Jail Time: 30 days to 2 years

Suspension Options: A minimum of 30 days in jail can be converted to substance abuse treatment or alcohol monitoring.

Aggravated Level 1 (A1)

Penalties: Fines up to $10,000

Jail Time: 12 to 36 months

Specific Circumstances: This level applies to those with multiple aggravating factors, such as repeat offenses or having minors in the vehicle during the offense.

Suspension Options: While part of the sentence might be suspended, at least 120 days of jail time is mandatory.

These levels reflect the state’s commitment to penalizing impaired driving while providing avenues for rehabilitation. The punishments escalate with the seriousness of the offense, offering not only deterrence but also a rehabilitative approach where applicable.

What Are Grossly Aggravating Factors for DWI Cases?

In the context of DWI (Driving While Impaired) cases, certain elements can significantly escalate the severity of the punishment. These are known as grossly aggravating factors. Understanding these factors can help you grasp why some cases result in more severe consequences than others.

Key Grossly Aggravating Factors:

Previous DWI Convictions:

If the individual has a previous DWI conviction within the last seven years, it can heavily influence the current case.

This includes any convictions that occur after the incident but before the current sentencing, or simultaneously with it.

License Revocation Status:

Driving while one’s license is revoked due to a prior DWI infraction is another serious factor the court considers.

Injury to Another Person:

Causing serious injury to someone else as a result of impaired driving, such as in a collision, heightens the case’s severity.

Presence of a Minor in the Vehicle:

Having a child under the age of 16 in the vehicle during the DWI offense is particularly concerning to the courts and can lead to stricter penalties.

Each of these factors is taken into account to determine the seriousness of the offense and the resultant penalties. When these are present, it moves the case into a more severe category, potentially leading to more stringent legal repercussions.

Our Approach

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

Our first course of action is to determine if the officer who stopped you had reasonable articulable suspicion. This is crucial in assessing the validity of the stop and any subsequent tests. If no such suspicion existed, we investigate the true reason for your stop and whether it infringes on your rights.

Our firm requires that our DWI attorneys attend the National Highway Traffic Safety Administration’s (NHTSA) course on DUI Detection and Standardized Field Sobriety Testing. This is a three-day (24 hours) course taught to police officers when they are being trained in charging DWIs.

Your rights are paramount. Our team will challenge every aspect of your DWI case, including the field sobriety, breath, and blood tests. Our attorneys are not only knowledgeable about these tests but are also certified to conduct them, ensuring a rigorous defense.

We regularly attend conferences and training related to North Carolina’s DWI laws. This continuous education ensures we are well-versed in the latest legal strategies and techniques to defend against DWI charges effectively. With this expertise, we scrutinize the processes followed by law enforcement to ensure they adhere to required procedures.

This multifaceted approach allows us to defend your case with precision and a deep understanding of the nuances involved in DWI law, ensuring your defense is as robust as possible.

We regularly attend conferences and training related to North Carolina’s DWI laws.

Understanding the No-Nonsense Approach to DWI Defense

Straight to the Point

When it comes to DWI defense, the no-nonsense approach is all about delivering results with precision and clarity. It involves a straightforward, aggressive strategy that’s built on years of experience and a deep understanding of DWI law.

What It Involves

Thorough Analysis: Every case starts with a meticulous examination of the charges and evidence. This isn’t about taking anything at face value; it’s about uncovering every detail that could work in your favor.
Personalized Strategy: Each DWI case is unique. The no-nonsense approach tailors defense strategies to the specifics of your situation, whether it’s your first offense or a repeat incident.
Focused on Results: The primary goal is to prevent a conviction wherever possible. This means employing persuasive arguments, leveraging legal precedents, and using every available defense tactic in the courtroom.

Why It Works

Expert Knowledge: This approach draws on an extensive background in DWI defense, ensuring that no stone is left unturned.
Direct Communication: Clients receive clear, honest communication about their case and what to expect, avoiding legal jargon and focusing on actionable steps.
Relentless Defense: With a no-nonsense approach, defense attorneys are relentless in pursuing the best possible outcome for their clients, challenging every aspect of the prosecution’s case.

In essence, the no-nonsense approach strips away unnecessary complexities, focusing on building a solid defense that stands up where it counts most—in the courtroom.

Success begins with preparation.

Effectively navigating a DWI charge and its consequences begins with planning. During our initial consultation, we want to learn about the details of your arrest and the impact the DWI charge is having on your life so that we can provide sound legal advice on your next steps.

We will work together to create a detailed Action Plan on your case. This Action Plan will give you a to-do list and explain how we plan to proceed as your attorney.

Investigative Rigor
Our approach includes a meticulous review of all evidence. We analyze every second of police video and audio recordings, comparing them with the officer’s report and testimony to uncover inconsistencies. We ask critical questions: Did the arresting officer have reasonable suspicion to pull you over? Was the testing equipment properly calibrated and maintained? It’s the state’s burden to prove every element of the charge against you, including the fact that you were driving.

Getting the best result on your case means having the best information when making important decisions. We want to be the information hub when it comes to answering questions about the courtroom, driving, and life consequences of your DWI charge.

Action Plan – developing a personalized Action Plan to prepare for all Court dates
Driving Privileges – obtaining/reinstating driving privileges and driver’s licenses
Navigating Consequences – advising how to navigate the numerous non-criminal consequences of DWI
Investigating – speaking to the investigating officer
Reports – obtaining police reports
Witnesses – locating and investigating witnesses
Medical Records – reviewing relevant medical records
Video Evidence – examining available video evidence
Photographs – obtaining photographs of the arrest scene
Attorney Perspective – putting forth the best defense often requires looking at your case from the perspective of the police and the District Attorney.
Valuable Resources – connecting our clients with valuable resources in the community, like: alcohol assessors, inpatient substance abuse treatment, ignition interlock providers, counseling services, community services opportunities, and insurance providers.Ignition interlock devices play a crucial role in many DWI cases, acting as both a preventive measure and a condition for offenders seeking to reclaim their driving privileges. These devices require a driver to blow into a mouthpiece before starting the vehicle, ensuring their blood alcohol content (BAC) is below a pre-set limit. This technology helps reduce the likelihood of repeat offenses by preventing intoxicated driving. By partnering with local ignition interlock providers, we ensure that our clients have seamless access to these essential devices. This not only helps meet legal requirements but also promotes safer roads and responsible behavior. Utilizing these tools can be a key step in the rehabilitation process, supporting individuals as they work towards fulfilling court-ordered mandates and regaining their independence.
Attorney Education – requiring our DWI lawyers to attend the National Highway Traffic Safety Administration’s (NHTSA) 24-hour DUI Detection and Standardized Field Sobriety Test (SFST) Course. This is the same training received by many officers that charge DWI.

By thoroughly investigating the details of your case and challenging the state’s evidence at every turn, we aim to provide you with the strongest defense possible.”

Our Defense Process

Success begins with preparation.

Effectively navigating a DWI charge and its consequences begins with planning. During our initial consultation we want to learn about the details of your arrest and the impact the DWI charge is having on your life, so that we can provide sound legal advice on your next steps.

We will work together to create a detailed Action Plan on your case. This Action Plan will give you a to do list and explain how we plan to proceed as your attorney.

Action Plan – developing a personalized Action Plan to prepare for all Court dates
Driving Privileges – obtaining / reinstating driving privileges and driver’s licenses
Navigating Consequences – advising how to navigate the numerous non-criminal consequences of DWI
Investigating – speaking to the investigating officer
Reports – obtaining police reports
Witnesses – locating and investigating witnesses
Medical Records – reviewing relevant medical records
Video Evidence – examining available video evidence
Photographs – obtaining photographs of the arrest scene
Attorney Perspective – putting forth the best defense often requires looking at your case from the perspective of the police and the District Attorney.
Valuable Resources – connecting our clients with valuable resources in the community, like: alcohol assessors, inpatient substance abuse treatment, ignition interlock providers, counseling services, community services opportunities, and insurance providers
Attorney Education – requiring our DWI lawyers to attend the National Highway Traffic Safety Administration’s (NHTSA) 24 hour DUI Detection and Standardized Field Sobriety Test (SFST) Course. This is the same training received by many officers that charge DWI.

Key Questions Regarding Testing Equipment in a DWI Case

When facing a DWI charge, scrutinizing the testing equipment’s maintenance and calibration is crucial. Here are essential questions to consider:

Calibration Records

How frequently is the testing equipment calibrated, and by whom?
Are there documented records of each calibration session

Maintenance Logs

Is there a consistent schedule for routine maintenance of the devices?
Were any faults or malfunctions reported, and how were they resolved?

Equipment History

Has the device been subject to any recalls or manufacturer warnings?
How long has the equipment been in use, and does it meet current standards?

Operator Training

Are the officers trained and certified to operate the specific equipment?
Are refresher courses provided to ensure updated knowledge of the procedures?

Chain of Custody

How is the data from the testing equipment recorded and stored?
Is there a secure process ensuring the integrity of the test results?

Identifying weaknesses in these areas can be key in challenging the accuracy of the evidence against you. Always ensure detailed documentation is provided, and consult with a legal expert to interpret the findings effectively.

Understanding the Role of Reasonable Suspicion in a DWI Case

In any Driving While Impaired (DWI) case, the concept of reasonable suspicion is pivotal. It forms the foundation on which a legal defense can stand or fall.

Reasonable Suspicion: The Legal Threshold

When a police officer decides to pull over a driver, they must have a specific and articulable reason to believe that the law is being violated. This is known as reasonable suspicion. It’s not just a cursory glance or a hunch—it’s based on observable facts and circumstances.

Why It Matters

Legal Protections: Reasonable suspicion is a safeguard for individual rights. If an officer lacks it, any evidence collected during the stop could be challenged or even dismissed in court. This includes breathalyzer results or field sobriety tests.
Grounds for a Motion to Suppress: If there’s a lack of reasonable suspicion, defense attorneys can file a motion to suppress evidence. This could potentially lead to the reduction or dismissal of charges if the stop is deemed unlawful.
Case Evaluation: Experienced legal professionals will dig into the details of the arrest to ascertain whether the officer had a valid reason for the stop. If none exists, this opens a pathway to question the legitimacy of the entire process.

In essence, the presence—or absence—of reasonable suspicion is often one of the first and most crucial elements evaluated when mounting a defense in a DWI case. Understanding this concept and leveraging it appropriately can significantly impact the outcome of the case.

Should You Answer Questions About Drinking If Stopped for a DWI?

When faced with a DWI stop, it’s crucial to approach the situation with care and awareness of your rights. Here’s what you need to know:

Stay Cautious with Responses

Police may inquire about your drinking habits, often asking you to rate your impairment on a scale from 1 to 10. While this may appear straightforward, it’s essential to tread carefully. Any admission of impairment, even slight, can potentially be used against you in court.

Your Right to Remain Silent

Remember, you are under no obligation to answer questions regarding how much you’ve had to drink. The law doesn’t require the police to prove you were drunk, just that alcohol affected your ability to drive. Therefore, any admission of consuming alcohol might implicate impairment.

Constructive Steps to Take

Politely Decline: You can courteously refuse to answer questions by stating, “I choose to remain silent until I consult a lawyer.”
Request Legal Counsel: It’s within your rights to ask for an attorney before making any statements.

The key is to remain respectful and calm while asserting your rights. Taking a mindful approach can make a significant difference in the outcome of your case.

Understanding the Differences Between DWI and DUI Charges

When it comes to navigating the complex world of legal charges related to impaired driving, understanding the distinctions between DWI (Driving While Impaired) and DUI (Driving Under the Influence) is crucial. Let’s break it down clearly:

Definitions

DUI (Driving Under the Influence): This charge typically applies when a driver is impaired by alcohol or drugs, including prescribed medications. Jurisdictions may use DUI to refer to impairment by substances beyond just alcohol.
DWI (Driving While Impaired): Often used interchangeably with DUI, DWI can denote impairment by alcohol, but in some areas, it specifically refers to alcohol-related offenses.

Legal Differences

Level of Impairment:

DUI: Can be applied if a driver shows signs of impairment by any intoxicant, sometimes allowing for broader discretion by law enforcement and courts.

DWI: Usually tied to measurable levels of blood alcohol content (BAC), such as 0.08% or higher, signifying a stricter legal standard.

State Regulations:

- Different states adopt either term, or both, influencing how charges are applied. Some areas might define DWI as a more severe charge compared to DUI, impacting severity and legal repercussions.

Consequences

Penalties: Both charges can lead to serious consequences, including fines, license suspension, and possibly jail time. Specific penalties might vary based on the charge—DWI might lead to harsher penalties in places where it’s considered more severe.
Impact on Driving Record: Both DWI and DUI charges can significantly affect your driving record, insurance premiums, and employment opportunities.

Importance of Legal Representation

Given the potential for serious legal outcomes, securing knowledgeable legal representation is important. An attorney can provide guidance based on local laws and help navigate the legal process effectively.

Conclusion

While DWI and DUI may seem similar, understanding their distinct meanings and implications can help in addressing such charges correctly. Always check local laws to understand the specific definitions relevant to your jurisdiction.

See Our Resources

"The only one that made me feel important... the only one that made me feel like I was doing the right thing."

Watch the video and listen to Aileen Pearlman share her experience with Minick Law.

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.

DWI Resources

Tips & Resources from our NC DWI Lawyers

Frequently Asked Questions About DWI Defense

If you’re navigating a DWI (Driving While Intoxicated) charge, it’s natural to have questions. To help you understand the process, here are some of the most common inquiries people have about DWI defense.

1. What is a DWI?

A DWI, or Driving While Intoxicated, is a charge given to individuals operating a vehicle under the influence of alcohol or drugs. This typically involves exceeding the legal blood alcohol concentration (BAC) limit of 0.08% for most drivers, with stricter limits for commercial drivers and minors.

2. What are the potential penalties?

Penalties for a DWI can vary widely based on the jurisdiction and the specifics of the offense. Common consequences include:

Fines and court fees
License suspension or revocation
Mandatory alcohol education programs
Probation or community service
Jail time, particularly for repeat offenses

3. How can a lawyer help with a DWI charge?

An experienced DWI attorney can:

Analyze the details of your arrest and challenge the evidence,
Negotiate plea deals to potentially reduce charges,
Represent you in court to defend against the prosecution’s case.

4. Can I refuse a breathalyzer test?

Refusing a breathalyzer test can have immediate consequences, such as automatic license suspension. However, the refusal might limit the evidence available to the prosecution. The decision should be made considering state laws, which vary in their implied consent regulations.

When it comes to field sobriety tests during a DWI stop, you are not obligated to take them. It’s crucial to assess your situation carefully. Unless you are absolutely certain you are stone-cold sober, consider politely refusing. It’s important to note that individuals who have consumed alcohol often misjudge their ability to pass these tests. With modern cocktails often containing a substantial amount of liquor, even one drink could lead to a failed test.

If there’s any doubt about your sobriety, it might be wise to decline. While this decision could lead to an arrest, refusing both the field sobriety tests and the portable breath test can make it more challenging for the police officer to justify the arrest in court. Remember, you have the right to say "No" and exercise your rights without giving them up unnecessarily.
Making informed decisions in these situations is crucial, and understanding the implications of your choices under different state laws can help protect your interests.

5. Are there any defenses available?

Several defenses might be applicable in a DWI case, including:

Challenging the legality of the traffic stop,
Contesting the accuracy of breathalyzer or field sobriety tests,
Questioning the arresting officer’s conduct and observations.

6. Will a DWI affect my insurance?

Yes, a DWI conviction typically results in higher insurance premiums. Insurance providers see DWI offenders as high-risk, often increasing rates or even canceling policies.

When you’re convicted of a DWI, the financial impact extends far beyond court fees and penalties. Insurance companies classify you as a high-risk driver, leading to significant hikes in your insurance premiums. In fact, a DWI conviction can cause your insurance rates to soar by as much as 400%, and this increase can linger for up to three years.

Understanding Insurance Points

Most states have a system that assigns points to driving infractions, which directly influence your insurance costs. For instance, a DWI can add a substantial number of points to your record, drastically inflating your premium.

12 insurance points: A typical penalty for a DWI, which triggers the steep rise in premiums.
Long-term impact: These points remain on your record, keeping your premiums elevated for several years.

Navigating Insurance Options

Upon discovering a DWI on your record, your insurance company might not only increase your premiums but could also choose to cancel your policy. Despite this grim outlook, you have options:

Shop around: Consider comparing rates from different insurers. Some companies specialize in insuring high-risk drivers and might offer more competitive rates.
Evaluate your needs: While it might be tempting to stick with your current provider, exploring alternatives could lead to significant savings.

In summary, while a DWI conviction undeniably affects your insurance premiums, understanding the system of points and exploring alternative insurance options can help mitigate some of the financial burden.

7. How long will a DWI stay on my record?

A DWI can remain on your record for many years, impacting insurance rates, employment opportunities, and more. The duration varies by state, with some allowing expungement under specific conditions.

8. Can a DWI be expunged?

In some states, you may be eligible to have a DWI expunged from your record, usually after completing all sentence requirements and maintaining a clean record for a certain period.

Understanding these key aspects of DWI defense can help you navigate the legal landscape more confidently. If you face a DWI charge, consulting with a specialized attorney can provide further guidance tailored to your situation.

Steps to Take if You’re Stopped for a DWI in North Carolina

Getting stopped for a Driving While Impaired (DWI) offense can be intimidating. However, understanding your rights and the steps you should take can help you manage the situation wisely.

Field Sobriety and Breath Tests

When stopped, you might be asked to undergo:

Field Sobriety Tests: These include tasks like walking in a straight line or balancing on one foot.
Portable Breath Tests: This involves blowing into a device that measures alcohol content from your breath.

Consider Refusing Field Sobriety Tests

You are not required to participate in field sobriety tests. Unless you’re absolutely certain about your sobriety, it might be prudent to decline these tests. Even small amounts of alcohol can skew your self-assessment.

Politely Declining: Choosing not to take the tests can limit the officer’s evidence against you, making it tougher to justify an arrest in court.

Portable Breath Test and Witness Rights

If you’re arrested and choose to take a breath test at the station, remember this key point:

Witness Rights: You can have a witness observe the test if they can arrive within 30 minutes. This can provide you with additional verification and possibly delay the test, allowing your blood alcohol level to drop naturally.

Be Cautious with Your Responses

It’s crucial to watch what you say:

Avoid Self-Incrimination: Do not answer any questions about your drinking. Answering could inadvertently admit impairment, which is all that’s needed for a conviction. Politely exercising your right to remain silent protects you.

Conclusion

Knowing your rights and responsibilities in this situation can be your best defense. Stay calm, respectful, and aware of the legal protections available to you.

DUI DWI
Courtroom Etiquette

DWI Costs in North Carolina

by Minick Law | Aug 16, 2021

If you have been charged with a DWI, there are probably a million questions and worries that are running through your mind. However, probably the most important question you have is, “how much is this going to cost me?” While...