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North Carolina DWI/DUI

A DUI or DWI is the most unique criminal charge within the criminal justice system in North Carolina. Unlike other criminal accusations, prosecutors are less willing to make any negotiations regarding any allegations of drinking and driving.  Public policy always will side with harsher punishments for drinking and driving. 

Ultimately, the difference between a “guilty” and “not-guilty” will depend on several different factors:

  1.  The initial stop of the vehicle itself -  If the police officers did not have the reasonable suspicion or probable cause to pull the vehicle over, a judge can find the entire process unlawful and therefore find you not guilty.
  2. The circumstances around the arrest - If the police officers did not properly administer the field sobriety tests and the breath tests or did not instruct you properly during or after the investigation, then the arrest was improper and is a valid defense to a DWI.
  3. Challenging the results of the field sobriety tests.
  4. Showing a judge or jury that the state did not prove its case beyond a reasonable doubt.

Winning Your DWI/DUI Case

DWI/DUI Pleading:

You might not want to challenge the DWI or the facts might not warrant fighting a DWI. This is normal and as an attorney, I will teach and put you in the best possible position when facing the judge to justify the most lenient punishment.

Winning a DWI/DUI:

In North Carolina, we have two chances to beat a DWI.  That’s right, first, in District court a case can be presented to the judge and if we lose, we can take an appeal to the Superior court of North Carolina in front of a jury of our peers.

DWI Expungement:

A DWI in North Carolina can cost you your job, hurt your chances for a job in the future, ruin your chances to apply for school, rent an apartment, or other similar circumstances.

Some can be eligible in the state of North Carolina for a process where your record is “sealed” and the only people allowed to view your DWI is a court representative. 

 

DWI/DUI Attorney Serving:

  • CABARRUS COUNTY:

    • 77 Union St S, Concord, NC 28025
  • GASTON COUNTY:

    • 325 Dr. Martin Luther King Way #1004, Gastonia, NC 28052
  • IREDELL COUNTY:

    • 266 Stockton St, Statesville NC 28677
  • MECKLENBURG COUNTY:

    • 832 E. 4th Street, Charlotte, NC 28202
  • UNION COUNTY:

    • 400 N. Main St, Monroe, NC 28112

Phone: (980) 613-4849

Email: TJP@charlottelawoffices.com

Common DWI/DUI Myths

 
  • If I blow over a .08 (.04 for CDL license) I am guilty of a DWI
  • If I blow under a .08 I am not guilty of a DWI
  • If I blow well over .08 then I am definitely guilty of a DWI

It is not true that a .08 or higher means you are intoxicated! This gives a judge or a jury the ability to convict a person, but that does not mean they are instructed to. They still have the discretion to disagree that the person was truly intoxicated!

 
 

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