DUI/DWI

Ignition Interlock Systems in North Carolina

Published on: June 20, 2018 | On behalf of Arnold & Smith, PLLC

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 punishments include fines, jail time, probation, and license suspension. Most people rely on driving to get around. When there is no convenient access to public transportation, lack of carpooling options, or any other transportation issue, the suspension of a license can be inconvenient and catastrophic. That is why you need an experienced DWI attorney to represent you in any DWI proceeding so that you can get the best outcome possible given the circumstances.

Lyft Driver Receives DUI in Fatal Crash

Published on: June 13, 2018 | On behalf of Arnold & Smith, PLLC

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 count of driving under the influence of a drug. Travis Anderson was the driver of the car that crashed into the Lyft driver, and was also found to be under the influence, according to The Patch.

Nebraska Court Says Recent Ruling Regarding Blood Draws Is Not Retroactive

Published on: September 20, 2017 | On behalf of Arnold & Smith, PLLC

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 drunk driving jurisprudence and the impact continues to be felt across the country. Since the Supreme Court issued its opinion, state courts have struggled to interpret the decision and decide how it impacts cases that were pending prior to its issuance.

Police in Atlanta say overdose allows man to avoid DUI charge

Published on: July 5, 2017 | On behalf of Arnold & Smith, PLLC

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 is exactly the sort of situation that DUI/DWI crimes were meant to address, a recent incident in Atlanta highlights an odd facet of the system. According to law enforcement authorities, the fact that one driver was so far gone, clearly impaired and destructive, meant he actually managed to avoid a DUI charge. Now let’s explain why.

Utah Takes National Lead In Lowering BAC Limits

Published on: April 12, 2017 | On behalf of Arnold & Smith, PLLC

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 a responsible social drinker. The BAC limit measures how much alcohol a person has in his or her system at a given time and this number is used as a proxy for the person’s overall level of intoxication. The idea is that the higher the BAC, the more likely it is that the he or she is dangerously impaired and presents a risk to themselves or others on the road.

The Rights You’ll Forfeit by not Calling Your DWI Attorney Over the Holidays

Published on: December 1, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “What steps should I be taking outside legal guidance to help my DWI case?”

With so many holidays right around the corner, we wanted to take this opportunity to remind everyone of the imperative of calling your attorney immediately if you are arrested or face new criminal charges this holiday season.

New DWI Deadlines: One May Help Defendants, the Other Helps…Court Scheduling?

Published on: October 11, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “What steps should I be taking outside legal guidance to help my DWI case?”

Two (2) new deadlines for DWI trials in North Carolina took effect at the beginning of this month, and it’s a mixed bag for defendants.

Attorneys Permanently Disbarred for Setting Up Opposing Counsel for DUI Mid-Trial

Published on: September 13, 2016 | On behalf of Arnold & Smith, PLLC

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

The Florida Supreme Court recently ruled to permanently disbar two Tampa civil attorneys for one of the most movie-plot-level setups the Court said it had ever seen: setting up their opposing counsel for a DUI arrest in the middle of trial.

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

Published on: June 28, 2016 | On behalf of Arnold & Smith, PLLC

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 underline how unpredictable the nation’s highest court’s decisions on search and seizure rights are after the death of Justice Scalia.

Supreme Court Knocks Down Criminal Penalties For Implied Consent Violations

Published on: June 23, 2016 | On behalf of Arnold & Smith, PLLC

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 submit to an alcohol test. The decision says that police must obtain search warrants before requiring a driver to submit to a blood alcohol test. A warrant will not be required, however, for breath tests.