Very helpful and people-oriented. Walked me through everything and got my cases dismissed in 2 court dates. Thanks for all you guys did to help!
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Being arrested and convicted of DWI — driving while impaired — in North Carolina can be a scary and costly experience. Even at the lowest level of punishment, a North Carolina DWI conviction can mean time in jail, thousands of dollars in fines and court costs, and the loss of driving privileges. A DWI conviction can also be held against you by auto insurers, potential employers, and others for years to come.
It is a mistake to plead guilty to a DWI without a lawyer, and it is a colossal mistake to face a DWI charge on your own. Schedule a free consultation with a DWI lawyer for an honest assessment of your case today by calling (919) 832-7700 or filling out our online contact form.
If you are stopped for Driving While Impaired, the police may ask you to take two sorts of tests at the site of the stop: field sobriety tests and a roadside breath test.
Field sobriety tests are things like walking a straight line, standing on one foot or asking you to follow a pen or a light with your eyes. A portable breath test is exactly what it sounds like you breathe through a tube into a machine that tests your breath for alcohol content.
Some things you should do if you are stopped for a DWI include:
You are not obligated to take either sort of test. My advice: unless you are stone-cold sober unless have had nothing to drink for 24 hours, politely refuse. People who have been drinking are very, very bad at guessing whether they will be able to pass these tests and these days, a single cocktail can contain quite a bit of liquor.
If there is any reason to doubt, DON’T do it. The police officer may arrest you, but by choosing not to take the field sobriety tests and the portable breath test, you are making it much harder for the police officer to justify the arrest to a judge. You have the right to say, “No.” Don’t give up your rights.
If you do decide to take a breath test after an arrest, you have the right to have a witness watch you take the test so long as you can get that witness to the police station within 30 minutes. Call a witness. Even if you cannot get them to the station in time, you will still delay the test for half an hour. In many cases, this delay is long enough to lower your breath and blood alcohol levels below the legal limit.
Whatever you do, DO NOT answer questions about your drinking to the police. One of the standard questions that the police ask is how impaired you are on a scale of 1 to 10. This is a trick question. The police do not have to prove that you are drunk to convict you of DWI. They only have to show that you are affected by alcohol. Any answer above zero is admitting that you are impaired. You don’t have to answer their questions. Don’t do it.
The Short Answer Is That You Should Always Have a Good DWI Lawyer in Your Corner If You Are Charged With DWI.
If you are charged with DWI, you should have a skilled and experienced DWI lawyer by your side. Hire us, hire someone else, or, if you can’t afford one, ask for an attorney to be appointed to you. The worst mistake you could possibly make in a DWI is to try to handle it yourself.
There are a staggering number of legal issues that can become important when evaluating driving while impaired cases. Read through our pages on drunk driving cases. Watch our videos. If after all that you still think that this is something that you can handle on your own, then that is your right and your prerogative. We wish you the best of luck…just don’t forget the old expression, the lawyer who represents himself has a fool for a client. The system is a maze. You should have counsel who knows which route to take and why. The alternative can lead to a very hard lesson.
Our criminal defense attorney can also advise you on expungement or expunction, the process of clearing your criminal record.
No matter how seemingly simple or overwhelmingly complex your case is, you should take the time to consult with our knowledgeable Raleigh criminal defense attorney. We do not charge anything for an initial consultation, so you risk nothing by setting up a meeting with us and learning about your options. Call or contact us online to get started.
Many people wonder, “Can you go to jail for a DWI?” The short answer is: yes. You can go to jail for a DWI, even if it’s your first DWI.
As in every U.S. state, it is illegal to drive with a blood alcohol content at or above 0.08 percent in North Carolina. If you are younger than the legal drinking age of 21 (or drive a school bus or day care van), you can be found guilty of violating the law with any detectible amount of alcohol in your blood.
Intoxication from alcohol is typically established per se (i.e., “in itself”) through breath or blood-alcohol concentration (BAC) tests. In North Carolina, the district attorney can also gain a guilty verdict by proving “appreciable impairment,” which could be shown through the arresting officer’s observations and professional opinion.
Once a guilty verdict has been rendered, the judge in a DWI case will determine a sentence based on the case’s “aggravating factors,” “grossly aggravating factors,” or “mitigating factors.” With guilt and the below factors of the case in mind, the judge may impose a sentence that is based on the level of the crime.
Level V — Punishable by a fine up to $200 and can result in 24 hours to 60 days in jail. A judge can suspend most of the sentence. but the driver must spend at least 24 hours in jail or perform at least 24 hours of community service.
Level IV — Punishable by a fine up to $500 and 48 hours to 120 days in jail. A judge can suspend most of the sentence, but the driver must spend at least 48 hours in jail or perform at least 48 hours of community service.
Level III — Punishable by a fine up to $1,000 and 72 hours to 6 months in jail. A judge can suspend most of the sentence, but the driver must spend at least 72 hours in jail or perform at least 72 hours of community service.
Level II — Punishable by a fine up to $2,000 and 7 days to 1 year in jail. A judge can only suspend the minimum sentence of 7 days in jail in exchange for inpatient treatment for substance abuse or for extensive time spent wearing an alcohol monitor.
Level I — Punishable by a fine up to $4,000 and 30 days to 2 years in jail. A judge can only suspend the minimum sentence of 30 days in jail in exchange for inpatient treatment for substance abuse or for extensive time spent wearing an alcohol monitor.
Aggravated Level 1 or A1 — This punishment level is reserved for people with three or more aggravating factors. It was intended for repeat DWI convictions, but most often is handed out to a parent who is driving impaired with children in the car or young people driving their underage friends. Level A1 carries a potential fine of up to $10,000, a minimum sentence of 12 months in jail and up to 36 months. While some of that sentence may be suspended, the driver must serve at least 120 days in jail.
In addition to jail time and fines, convicted drivers must complete a substance abuse assessment and complete any recommended treatment before they can have their license restored.
Felony serious injury by vehicle can be punished by up to 59 months in prison.
Aggravating factors for DWI cases that can cause a court to impose a harsher punishment include:
Grossly aggravating factors for DWI cases that impose an even more significant increase in punishment include:
In addition to a monetary fine and a jail sentence, a DWI conviction results in revocation of North Carolina driving privileges.
Revocation is longer for each subsequent offense:
Though the sentencing and license revocation that follow a DWI conviction are certainly nothing to sneeze at, the skyrocketing insurance increases are typically the costliest result of a conviction. North Carolina has a Safe Driver Incentive Plan (SDIP), which is used to calculate insurance points based on your driving record. The insurance points from the SDIP are then used to judge an insurance holder’s premiums.
If you are convicted of a DWI, the monetary effects will stay with you long after your court and legal fees are paid. If you have a DWI on your driving record, insurance companies will consider you a high-risk driver and your insurance rates will unfortunately rise astronomically.
A DWI earns you a total of 12 insurance points, which in turn, causes your insurance premium to jump by 400%. Your premium will remain high for three years following your conviction. Any other points you earn during that period will continue to raise your premium.
When your insurance company discovers your DWI conviction on your driving record, you can expect an increase your premium. It is your choice as to whether to stick with your current auto insurance company or to shop around for cheaper rates for an insurance policy after a DWI. There are insurance companies that specifically target people convicted of a DWI and can be a bit more reasonable. It may be worth your time to compare rates.
If you have been charged with driving while impaired in North Carolina, it is crucial that you have an experienced North Carolina DWI lawyer to defend you. There are opportunities to challenge your arrest and/or evidence at many points in the case, and our knowledgeable defense attorneys will work quickly to try to reduce or eliminate the damage a DWI can cause.
Among the first issues we will examine are why you were stopped by the police, as well as their justification for arresting you.
Other factors to be questioned include:
After an arrest on DWI charges in North Carolina, your next steps may have a serious impact on your future. You should obtain the assistance of a knowledgeable and understanding DWI lawyer as soon as possible.
Considering the substantial repercussions of a DWI arrest and conviction, you want a seasoned Raleigh DWI defense lawyer in your corner. Our DWI lawyers have helped clients through countless impaired driving cases, and we can help you, too.
At Kurtz & Blum, PLLC our DWI defense attorneys can walk you through what to expect and build a smart strategy to fight the charges against you. Schedule a free consultation with an attorney today by calling (919) 832-7700 or filling out our online contact form.
Our attorneys stand ready to hear your story and give you the legal advice you need to take the next steps.
Choosing a lawyer can be one of the most important decisions you ever make. Whether you’re dealing with a criminal charge, a traffic offense, or a family law matter, the attorney you trust to handle your case can make a huge difference in your life and in your future.
Many of the people our law firm works with have never needed to hire an attorney before. They don’t know what to expect or what type of outcome to hope for.
Very helpful and people-oriented. Walked me through everything and got my cases dismissed in 2 court dates. Thanks for all you guys did to help!
Great experience. I recommend Kurtz and Blum. Matthew Minikus knows his way around in court and got our case dismissed. Great job.
I did not know if I was going to get my NC driving license restored or not, but after having Mr. Blum as my attorney, I felt better after talking to him and his staff. He made it happen for me at my DMV hearing. After over 20 years with no driver’s license and a long record of DUI/NOP on my driving record, I walked out with my NC driver’s privilege restored. I highly recommend Kurtz & Blum to anyone. Thank you, I appreciate everything.
Perfect jumped straight to work and got my case dismissed. I definitely recommend them.
Seth Blum quickly resolved an issue I was having with the DMV. Great communication throughout the entire process.
Both my spouse and I used Kurtz and Blum for varying degrees of charges, and both had amazing resolutions. I recommend them to anyone who will listen!
I was represented by a Kurtz and Blum attorney named Mr. Berry. He met me in court and presented my options given by the DA. He laid out the potential consequences, as well as the pros and cons for each option. He explained his position on the case, and I felt encouraged to have a trial. We decided to forego the DA’s offers and try the case. During our meetings, Mr. Berry worked to make sure he understood the facts of the case and that I felt “heard.” I appreciated his patience and explanations of all my questions, as he explained things in a way I could understand. In the end, we did not use his legal argument due to a dismissal, so I cannot speak to his trial performance, but I was pleased with my experience with Mr. Berry.
Otherwise, the law firm staff was helpful, courteous, prompt, and professional.
Seth and the team worked consistently for three years on my case. At every court appearance, Seth was fully prepared and guided the process with my best interests in mind. After a successful Not Guilty verdict, I can’t thank them enough. This is a great firm with a highly qualified and professional staff. Thank you, Kurtz and Blum!
I’m so happy about the restoration of my license. Mr. Blum made me feel like I was in good hands as I was questioned by the hearing officer. After a lot of red tape and shady people I had encountered on this journey, I’m glad I picked Mr. Blum to represent me. Thank you for everything, Mr. Blum.