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Articles Posted in DUI

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Things to Look Out for in a DWI Arrest

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   In North Carolina, drivers can be charged with driving while impaired (DWI) if they are under the “influence of an impairing substance,” have a blood alcohol concentration…

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Ignition Interlock Systems in North Carolina

Charlotte Criminal Lawyer Brad Smith answers the question: “Why is it important to hire a DWI lawyer quickly after being charged with a DWI?”   Drinking and driving is a serious offense in North Carolina. As such, a conviction of driving while impaired (DWI) can result in serious consequences. Common…

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Lyft Driver Receives DUI in Fatal Crash

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”   Elizabeth Renter was driving for the rideshare service Lyft in Illinois when she got into an accident that killed her passenger. Renter was charged with a misdemeanor…

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Nebraska Court Says Recent Ruling Regarding Blood Draws Is Not Retroactive

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”   It’s been a few years now since the U.S. Supreme Court issued a landmark DUI decision in Birchfield v. North Dakota. That case represented a major development in…

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Police in Atlanta say overdose allows man to avoid DUI charge

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”   Typically, when you imagine a person using drugs or alcohol while driving you would expect that to lead rather quickly to a drunk driving charge. Though this…

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What is obstruction of justice?

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   After former FBI director James Comey’s recent testimony before Congress, the media has been awash in conversation about obstruction of justice. The question on many minds is whether Comey’s testimony made…

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Supreme Court Agrees To Decide Case Concerning Cellphone Privacy

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   As technology improves, it’s all but guaranteed that some enterprising criminal will find new ways to perpetrate crimes. After all, where there’s a will, it won’t be long until there’s a way. Though technological advancement…

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Utah Takes National Lead In Lowering BAC Limits

DWI in North Carolina Most Frequently Asked Questions FAQ   If you’re a regular drinker you might be familiar with your state’s blood alcohol concentration (BAC) limits. This number is quite important after all, as even a few percentage points can make the difference between being deemed a criminal or…

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Supreme Court: You Can’t Criminalize DUI Refusal to Submit a Blood Test

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   The United States Supreme Court has had a busy last few weeks when it comes to the Fourth Amendment. Two of its most recent opinions in particular…

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Supreme Court Knocks Down Criminal Penalties For Implied Consent Violations

Charlotte DWI Lawyer Brad Smith answers callers’ questions during a 30 minute radio interview with the Legal Forum. Recorded in Charlotte, Mecklenburg County North Carolina.   The Supreme Court voted 7-1 to place limits on laws that make it a crime for drivers suspected of drunk driving to refuse to…

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