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Articles Posted in DUI/DWI

Charlotte DWI Lawyer Brad Smith answers the question: “Are breath test results always accurate?”

If you were pulled over for driving while impaired (DWI) in Charlotte or other parts of North Carolina, a police officer might order a breathalyzer test to determine your blood alcohol concentration (BAC).

Charlotte DWI Lawyer Brad Smith answers the question: “Are breath test results always accurate?”

If you were pulled over during a DUI stop anywhere between Thanksgiving and the end of New Year’s weekend, and police officers suspect that you are intoxicated, it can be quite difficult to prove them wrong.

Charlotte Criminal Lawyer Brad Smith answers the question: “Why is it important to hire a DWI lawyer quickly after being charged with a DWI?”

The state of North Carolina has one of the most robust ignition interlock device (IID) programs in the country. For this reason, you may be required to install an IID in your vehicle after a DUI conviction. Always refer to the court order terms and conditions of the interlock device use, because if you do not follow the rules, you can face further legal trouble. If law enforcement charges you with an interlock violation, discuss the matter with a North Carolina DUI attorney right away to ensure your rights are protected.

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”

In the United States, alcohol is the primary cause for most deaths that occur while driving. Alcohol intoxication limits a driver’s ability to perform safely for several reasons. For example, alcohol intoxication blurs one’s vision and harms one’s ability to react. Since a person’s reaction time increases due to alcohol intoxication, intoxicated drivers do not have the proper ability to quickly think when confronted with an emergency. Even if a driver uses his or her car after a single drink and is under the .08% limit of Blood-Alcohol Concentration (BAC), police may still arrest that driver if he or she seems impaired while driving.

Charlotte Criminal Lawyer Brad Smith answers the question: “What happens if I am convicted of a DUI or DWI in Charlotte North Carolina?”

We all have heard the stories of families losing loved ones to those who have driven under the influence of alcohol or drugs, or drivers losing their own lives because they drove while impaired. These are sad stories and serve as a cautionary tale of avoiding impaired driving. Nevertheless, drivers in North Carolina are frequently charged with driving while impaired (DWI). Depending on whether this is your first time being charged with a DWI, or if it is a second or subsequent offense, the penalties for a DWI can be steep. In addition to fines and jail time that those convicted of DWI face, there are other ramifications of this criminal conviction that impact them for the rest of their lives. For additional resources regarding DWI click HERE.

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”

We all know the dangers of drinking and driving. Accidents happen everyday because a driver is under the influence of drugs or alcohol and injures or kills someone else. Driving while impaired (DWI) charges are taken very seriously in North Carolina. It can be extremely frustrating to be facing these charges when you know you were not operating your vehicle while impaired. Find more resources about DWI here.

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”

Getting behind the wheel when you are under the influence of alcohol or other impairing substance is illegal and incredibly dangerous. Those who are caught driving under the influence face some serious penalties. If you have been drinking, the best thing to do is to give your keys to someone else or otherwise get a ride home. However, if you find yourself facing a charge for driving under the influence (DUI), an experienced DUI attorney can help you obtain the best result possible. You might wonder if it is necessary to hire an attorney to fight the DUI charge, the answer is yes. An attorney can be extremely helpful for a variety of reasons.

Charlotte Criminal Lawyer Brad Smith answers the question: “Why is it important to hire a DWI lawyer quickly after being charged with a DWI?”

In North Carolina, some drivers who have been convicted of driving while impaired are required to have an ignition interlock device (IID) installed in their car. The idea behind this is that in order to start the vehicle and continue driving, the driver can not be impaired. We live in a society in which driving is almost always necessary. The device gives drivers who have lost their license the ability to regain their license with just some conditions. Not every driver who is convicted of an impairment-related charge will be required to have an ignition interlock system in his or her vehicle. It depends on the specific state laws and the circumstances surrounding the charge and conviction. The device can be an excellent way for the defendant to retain possession of his or her license.

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”

Only a small percentage of cases make their way to the United States Supreme Court. The case of State v. Mitchell is one of the chosen few that will be heard by the justices in the coming term. The case revolves around the issue of implied consent. State v. Mitchell originated in Wisconsin, but its content is not a stranger to North Carolina. The North Carolina Supreme Court heard a case about implied consent in State v. Romano. In Romano, the North Carolina court found that withdrawing blood from an unconscious DWI suspect violated the Fourth Amendment because there was no exigent circumstance.

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, a driver can be charged with Driving While Impaired (DWI) if he or she has a blood alcohol concentration of .08 or more, or driving with an impairing substance or with any amount of a Schedule I substance in his or her system. DWIs are dangerous for all parties involved. As such, this is a serious charge that can result in severe consequences that impact one’s life. Even so, it is important that a driver arrested and charged with this crime is entitled to proper criminal procedure. Law enforcement officers are human; they too can make mistakes. If law enforcement makes a mistake while arresting a driver, this can be used to reduce charges or even dismiss a case. The following are common mistakes that officers might make during a DWI arrest.

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