Articles Tagged with breathalyzer

1-1024x1024Consequences of DUI in North Carolina

Driving Under the Influence (DUI) is a serious charge and one that can have a negative impact on your future if you are convicted. In North Carolina, drivers aged 21 and over cannot drive with a blood alcohol concentration of 0.08% or higher or while they are impaired by drugs. Punishments for DUI convictions are generally based on the severity of the situation and whether the driver has had previous offenses. Sentences can include fines, incarceration, probation, and a requirement to attend drug or alcohol classes. You may also face a period of suspension of your driver’s license.

DUI Charges and Penalties

Crim-1024x1024Do I Need an Attorney for a First DWI Charge?

In North Carolina, the legal limit for a driver age 21 or older is 0.08% BAC. A driver with a blood alcohol concentration of 0.08% or more is considered impaired. If you are stopped by police and the officer thinks you might have been drinking, they will ask you to do some field sobriety tests and may ask you to take a breath test. You could face DWI charges. Driving while impaired, DWI is a serious charge and one that will negatively impact your life if you are found guilty. You will want to consult with an experienced DWI attorney as soon as possible.

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3-1What are the Potential Penalties for DWI in North Carolina?

Driving while impaired (DWI) is a serious offense and one that comes with severe penalties if convicted. According to the North Carolina Sentencing and Policy Advisory Commission, DWI sentencing is back to normal, pre-pandemic operations. In 2022, North Carolina courts imposed sentences for 26,333 DWI convictions. Various consequences for someone found guilty of DWI may include jail time, community service, alcohol assessment and treatment, court costs, and the loss of driving privileges. If you are facing DWI charges, you will want to strongly defend the charges with help from an experienced DWI attorney.

DWI Sentences

DWI-1024x1024How Long Does a DWI Case Take in North Carolina?

Driving while impaired (DWI) is essentially the same as driving under the influence (DUI). In North Carolina, as in other states, you could be criminally charged with DWI if you are found to be driving while under the influence of alcohol or drugs. As someone who generally stays out of trouble, this could be the first time you are facing criminal charges in North Carolina. The experience can be daunting, and the process can be somewhat lengthy. Unlike a simple traffic violation, a DWI case will proceed through the criminal court system. It is helpful to understand the DWI process.

Arrest and Arraignment

Charlotte DWI Lawyer Brad Smith answers the question: “How can an attorney help me with my DWI?”

It can happen to almost anyone. You are on your way home when you are stopped by police. A typical traffic stop can turn into DWI charges rather quickly. Suddenly, you find yourself in a difficult and terrifying situation. DWI, driving while impaired, is a serious charge. If convicted, you could face serious penalties that might impact every aspect of your life for years to come. When faced with this situation you may wonder what options are available to you and whether you can fight DWI charges. A skilled DWI attorney in North Carolina will assist you in defending these serious charges and help you resolve the matter as favorably as possible.

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

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North Carolina’s Zero Tolerance Law makes it illegal for people under the age of 21 to drive with any amount of alcohol or drugs in their system. People who are caught driving after consuming alcohol are charged with an underage or provisional DWI (driving while impaired).

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: “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: “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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