Lexington DWI Lawyer

Lexington DWI Attorney

A DWI is a serious charge that can have serious consequences for the offender, such as fines, jail time, and a criminal record, which can make it harder to get a job, housing, loans, and other benefits. If you’ve been charged with a DWI in Lexington, a Lexington DWI lawyer at LAWSMITH, The Law Offices of J. Scott Smith, PLLC, can work hard to achieve the most positive result possible in your case.

DWI in North Carolina

DWI, which means Driving While Impaired, is the operation of a motor vehicle while impaired by a substance, such as alcohol or drugs. Impaired driving prevents a driver from recognizing dangerous conditions, making safe decisions, and reacting quickly. Many substances might impair a driver, such as:

• Alcohol
• Illegal drugs, like methamphetamines and LSD
• Inhaled substances, such as paint thinner
• Prescription drugs, like painkillers, sleeping pills, and muscle relaxers
• Some over-the-counter medications that can make you sleepy, like Benadryl and NyQuil

The amount of alcohol that drivers over 21 years old can have in their system is limited. In North Carolina, the limit on blood alcohol concentration (BAC) is 0.08%. A person can be charged with DWI if their blood alcohol concentration is over 0.08%, even if they don’t act or feel drunk. Similarly, a person doesn’t have to know they’re impaired or intend to drive while impaired to be charged with DWI.

DWI Testing

Just the odor of alcohol on the driver’s breath isn’t enough evidence to convict a person of a DWI. To determine if a driver may be impaired, law enforcement usually uses several tests. The first is a field sobriety test, such as standing on one foot. This allows officers to evaluate how intact a driver’s coordination, balance, and ability to follow directions are. If the officer suspects impairment at this point, they will test the driver’s breath or blood.

The most common test for alcohol is the breath test, where the driver breathes into a handheld device that tells how much alcohol is in the person’s system. For other substances, such as drugs, a blood test is usually performed.

Penalties for DWIs

In North Carolina, both the courts and the Department of Motor Vehicles (DMV) impose penalties for DWI convictions. The courts use a structured sentencing system with a range of penalties that depend on the severity of the offense. Level V is the least severe, with a potential punishment of fines and time in jail. Aggravated Level I is the most severe and can result in larger fines and a longer time in jail.

The less serious levels may be eligible to have the minimum sentence suspended. However, Aggravated Levels I,  Level I , and Level II  are for the most serious cases. They may include repeat offenses or other grossly aggravating factors, such as having a child as a passenger in the car at the time of the offense or driving while the person’s license was already revoked for an impaired driving offense. Therefore, a judge can’t suspend minimum sentences at these levels.

In addition, a DWI conviction is punished with a revoked driver’s license by the DMV. However, repeat DWI charges within three years can extend the revocation period or even permanently cost you your license. In most cases, the driver could have their license reinstated after their revocation period and completing a substance abuse assessment and treatment.

Legal Help Is Crucial

Fierce representation by an experienced DWI lawyer can increase the likelihood of a positive outcome in your case. Your attorney can:

• Evaluate the evidence.
• Challenge the tests or the arrest.
• Negotiate reduced charges or sentences.
• Protect your rights and driving privileges.
• Defend you in court if your case goes to trial.

It is essential to hire a lawyer as soon as possible once you are arrested.

FAQs

What Are the Chances of Getting a DWI Dismissed?

It is possible to get a DWI dismissed, but it may depend on factors like lack of evidence, the arresting officer violating your rights, or law enforcement conducting the test improperly.  A qualified attorney can determine what your legal options are.

How Many Points Is a DWI in NC?

The DMV does not assign points for a DWI conviction. Instead, the driver receives an automatic suspension of driving privileges for a certain time. However, a DWI is usually assigned the maximum number of insurance points, which is twelve, and it generally leads to a significant 340% increase in car insurance premiums for a few years once driving privileges are reinstated.

How Can I Stop a DWI?

In Lexington, the only way to stop a DWI is not getting arrested for one to begin with. However, once you’ve been arrested, there are some ways to strengthen your defense. Invoke your right to remain silent, and do not take field sobriety tests, as this does not have legal repercussions. Refuse the handheld breath test; instead, opt for the post-arrest breath or blood test.

Most importantly, hire an experienced DWI lawyer right away. They can assess your case, determine the most effective legal strategy to address your charges, and pursue an ideal outcome.

How Do I Get My DWI Off My Record in NC?

In general, you can’t get a DWI off your record in North Carolina. However, you can often file a petition to have the arrest expunged if:

• You were never formally charged.
• The charges against you were dismissed.
• You were found not guilty by the court.

You and your attorney can do this at the court in the jurisdiction where you were arrested. This involves filing the petition form with supporting evidence. In some cases, a hearing may be required.

Your Lexington DWI Lawyer

At LAWSMITH, The Law Offices of J. Scott Smith, PLLC, our skilled lawyers have extensive experience in defending against DWI charges. We know how a DWI charge can damage your life, and we treat each client with the time and attention they deserve. If you’re facing DWI charges, contact our office today to set up a consultation and learn your legal options.