Kernersville DWI Lawyer

Kernersville DWI Attorney

North Carolina takes DWI charges seriously, and the state can impose harsh fines, jail time, and other punishments after a conviction. If you or a family member faces DWI charges in Kernersville, a Kernersville DWI lawyer at LAWSMITH, The Law Offices of J. Scott Smith, PLLC, can evaluate the legal options available for your case. Then, we can begin building a strong defense right away to work toward the most favorable outcome possible.

Understanding DWI in North Carolina

North Carolina uses the term DWI, which means Driving While Impaired, as it covers alcohol in addition to other substances that can impair a driver’s ability to safely operate a motor vehicle. Substances that might impair a driver include:

• Illegal drugs like LSD and methamphetamines
• Certain prescription medicine that impairs abilities
• Some over-the-counter medications that can make a driver drowsy

The blood alcohol concentration limit for most North Carolina drivers is 0.08%. However, it is 0.04% for those who drive commercial vehicles. A driver over 21 must have less than this amount in their system, or they can be charged with DWI, even if they do not feel or act drunk. Likewise, a driver can be charged with DWI, even if they are not aware that they are impaired and did not have the intention to drive while impaired. Drivers under 21 can’t have any alcohol in their systems.

How DWI Is Determined

Typically, law enforcement officers use field sobriety tests to gauge whether a driver is impaired. This can include one or more standard exercises, such as standing on one leg. These exercises are designed to help police assess the driver’s ability to follow instructions as well as their balance and coordination. It is important to know that field sobriety tests are voluntary, and there are no legal consequences for refusing them.

If officers suspect that the driver is impaired, the next step is to test the driver’s breath for alcohol. The breath test doesn’t work for drugs, so a blood test is usually required. While you do not have to submit to a roadside breath test, if you also do not submit to a breath or blood test once you are arrested, you can lose your driving privileges as a result. This would be added to any other suspension or revocation penalties after a conviction.

DWI Penalties in North Carolina

Because DWI is a criminal act while driving, an arrest usually means dealing with both the courts and the Department of Motor Vehicles (DMV). There is a set sentencing structure for the courts, and it includes penalties that range in length, depending on where the offense ranks on a scale of Level V, the least severe offense, to Aggravated Level I, the most severe crime. Less severe offenses may be eligible for diversion programs or suspended sentences, but the most severe crimes are not.

The DMV revokes a driver’s license for a certain period after a DWI conviction. Repeat DWI charges within a three-year period can extend the revocation. Three or more DWIs in that period can even result in permanent revocation. Drivers are usually eligible to get their license restored after the revocation period if they have paid their fines and completed an approved substance abuse assessment and treatment.

How a Lawyer Can Help

In Kernersville, DWIs carry the potential for serious consequences, like jail time and driving restrictions. You could also face financial penalties, such as high fines and big increases in car insurance premiums. Therefore, don’t take chances on the outcome of your case. An experienced DWI lawyer can seek the most favorable outcome possible with a strong defense and fierce advocacy for your driving privileges and rights.

FAQs

How Much Does a DWI Lawyer Cost in NC?

The cost to hire a DWI lawyer in North Carolina can vary, depending on several factors. These include:

• How complex the case is
• Whether there are additional charges
• If the person has a prior history of DWI
• Any mitigating or aggravating factors

In addition, the lawyer’s experience, reputation, location, and fee structure can also affect the total cost. Ask your attorney about fees and payment structures at your initial consultation so you have a clear understanding of expectations.

Do I Need a Lawyer for a DWI in NC?

You are not required by law to hire a lawyer for a DWI in North Carolina, but it is highly advised that you work with an experienced defense attorney. Having skilled legal representation can significantly improve the chances of getting your case dismissed, having charges or sentencing reduced, being found not guilty, or attaining another positive outcome in your case.

What Is the Statute of Limitations on a DWI in NC?

The statute of limitations on a DWI in North Carolina varies based on several factors. A statute of limitations is the length of time after the offense occurred in which a person can be charged. In North Carolina, generally, this is two years for a DWI, which is usually a misdemeanor offense. However, in cases where there are repeat offenses, serious injuries, or death, DWI can be charged as a felony. In North Carolina, there is no statute of limitations on felony charges.

Can a DWI Be Reduced in NC?

In some cases, a DWI can be reduced in North Carolina, but it depends on the individual circumstances of the case.  In some situations, the prosecutor may also be willing to negotiate a plea bargain if there are mitigating factors. Your attorney can determine which options might work for you.

Experience Matters

At LAWSMITH, The Law Offices of J. Scott Smith, PLLC, we know you need a skilled legal team when you’ve been charged with DWI. Our attorneys have substantial experience in defending clients against DWI allegations, and we can fiercely represent you, whether that’s negotiating a plea deal, getting the charges dismissed, petitioning for your driving privileges to be restored, or standing up for you in a hearing or trial. Contact our office today to set up a consultation about your case.