Raleigh DUI Attorney Answers the Most Frequently Asked Questions about DWI & DUI

You can never have a hearing to restore your driver’s license in this state. North Carolina law forbids it.

A DMV hearing officer will want to know that you are not driving at all – for any reason. The first key to winning a DMV hearing is to understand that driving in North Carolina is a privilege, not a right. Respecting that privilege is central to restoring that privilege.

You could still be successful at a DMV hearing. The important thing is to prove that you are a responsible drinker who would never get behind the wheel after any amount of alcohol.

If at first you don’t succeed, try, try again. That adage has never been more true than with DMV hearings. Many times, citizens walk into a hearing unprepared for the types of questions that the officer will be asking. At Kurtz & Blum, PLLC, we believe that the only way to be fully prepared is to be over prepared. If you’re serious about doing it right this time, give us a call.

Not exactly. Most DMV officers will allow only a conditional restoration of your driving privilege. That could mean that you are given a restricted license with a curfew or that you must install an Interlock device on your car which requires that you blow into the alcohol-measuring instrument before the ignition will engage. If your license has been taken for medical reasons, a DMV panel will probably require that you submit to an additional medical exam within one year in order to verify that your medical condition is either in remission or is successfully controlled with drug therapy.

Absolutely. Often, your state of residence will not issue you a license until your suspension is cleared up in North Carolina. You may have to arrange to travel to North Carolina to attend the hearing, but we can often schedule hearings to best fit your schedule. If we are successful, North Carolina will issue you a clearance letter which should allow your home state to license you to drive in that jurisdiction.

Generally, no. North Carolina is an implied consent state, which means that any person who drives a vehicle on a highway or public vehicular area thereby gives consent to a chemical analysis if charged with an implied consent offense. DWI is one such offense. The penalty for refusal is a one year suspension of your license. You may make a written request for a hearing before the DMV to appeal your revocation. If the DMV upholds your suspension, you may request a hearing in Superior Court within 30 days of the DMV hearing. It is also possible under some circumstances to obtain a limited driving privilege following six months of the one year suspension period. You may be eligible if you:

• Have no DWIs in the preceding seven years;
• Have not refused to submit to a chemical analysis in the preceding seven years;
• The DWI with which you are charged did not involve death or serious injury;
• You have not been charged or convicted of an implied consent offense subsequent to the refusal;
• You’ve obtained a substance abuse assessment from a drug and alcohol counseling center and completed the recommended treatment; and
• The DWI charge from which the refusal arose has been disposed of either by no conviction or a Level 3, 4, or 5 DWI conviction, and you’ve complied with at least one of your conditions of probation.

Yes. Though you will be considered unlicensed for the entire suspension period, an attorney can help you get a limited driving privilege so that you can drive for work and education purposes. To get a limited driving privilege, you’ll need the following:

• A certified copy of your driving record
• A DL-123 form from your insurance company
• A Substance Abuse Assessment from a drug and alcohol counseling center
• A signed letter from your employer on your employer’s letterhead stating the hours during which you need to drive if you need to drive outside the standard hours of 6:00am to 8:00pm Monday through Friday.
• $100

Bring these documents to us and we will get your limited driving privilege as soon as possible.

No. Under North Carolina law, the District Attorney can prove impairment in one of two ways. The easiest way is to offer a BAC result from a EC/IR-II test. The District Attorney can also prove “appreciable impairment,” which he could show from the officer’s observations and professional opinion. Though a case of appreciable impairment may be more difficult for the State, you can still be found guilty of DWI absent a BAC result.

No. If you were automatically guilty, there would be no reason to require you to be present in court. Your attorney can still counter this evidence with favorable evidence and raise reasonable doubt as to whether you were impaired. More importantly, the officer must take certain steps before administering the EC/IR-II test. If he fails to follow these steps, there are ways your attorney can keep your BAC result out of evidence, which will make it much more difficult for the District Attorney to prove your guilt.

Your attorney can challenge your DWI at three different stages throughout the process. The first stage is the stop. An officer cannot legally stop you if you aren’t breaking a law or driving erratically. If your attorney convinces the judge that the officer had no reason to pull you, the judge will dismiss your case.

The second stage is at the arrest. You may have heard that an officer must have probable cause that you’ve committed a crime to arrest you for that crime. Probable cause is the culmination of everything up to the point of arrest, including your driving, the officer’s observations of you, and your performance on the Field Sobriety Tests. If your attorney shows the judge that the evidence at this stage of the investigation did not add up to probable cause, the judge will dismiss your case.

Lastly, you must not forget that to be found guilty of DWI, the District Attorney has the burden of proving that you are guilty beyond a reasonable doubt. Beyond a reasonable doubt is the highest legal standard we have.

Law enforcement officers offer suspects the opportunity “to prove their innocence” by performing Field Sobriety Tests (FSTs). The true purpose of these tests, however, is to gather evidence to use against you at trial. There are two types of FSTs: Standardized Field Sobriety Tests and Non-Standardized Field Sobriety Tests. The three Standardized Field Sobriety Tests are the Walk-and-Turn Test, the One-Leg-Stand Test, and the Horizontal Gaze Nystagmus Test. Non-Standardized Tests include the Finger Dexterity Test, the Alphabet Test, and the Romberg Balance Test. In particular, officers must strictly comply with the required procedures when performing the Standardized Field Sobriety Tests. If your attorney can show that the officer did not strictly comply, he can keep it from being admitted as evidence against you, making it more difficult for the state to prove your guilt at trial.

North Carolina chemical analysts measure your breath alcohol concentration (BAC) with the Intoximeter EC/IR II machine. If it measures your BAC to be .08 or above, the North Carolina Division of Motor Vehicles (DMV) suspends your license for 30 days. While you can’t do any driving whatsoever for the first ten days of your 30 day suspension, we can get you a limited driving privilege good from the eleventh day to the 30^th day. Bring us the following items, and we’ll take care of the rest:

• A certified copy of your driving record
• A DL-123 form from your insurance company
• A Substance Abuse Assessment from a drug and alcohol counseling center
• A signed letter from your employer on your employer’s letterhead stating the hours during which you need to drive if you need to drive outside the standard hours of 6:00am to 8:00pm Monday through Friday.
• $100

A DWI lawyer knows North Carolina’s laws and understand what charging officers must do throughout the DWI process. Therefore, we can spot strengths and weaknesses in your case. If yours is a good case, we will take it to trial and fight to have you found not guilty. If we do not think you will be successful at trial, we can potentially get you a better outcome, which you may not be able to do on your own.

Driving While Impaired (DWI) is the name of the offense that you will be charged with. Other states have separate charges for DWI and DUI (Driving Under the Influence). In North Carolina, there is only one charge, so whether you are searching for a Raleigh DUI attorney or a DWI lawyer, it's the same thing.

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First and foremost, you need an attorney. Securing an attorney’s representation will help ensure you get the best outcome in your case. Further, you can make your attorney’s job easier by typing or writing the facts of your case. It is important to begin doing this as soon as possible while they are still fresh in your head. Important facts include, but are not limited to:

• Why the officer pulled you
• What questions the officer asked you
• When and if the officer informed you of your Miranda rights (i.e., your right to remain silent and your right to an attorney)
• What field sobriety tests, if any, the officer had you perform
• The results of your Intoximeter blow, if any

For simple traffic matters, like speeding, seatbelt violations and accident tickets, we can probably quote you a price for legal services right over the phone. However, for criminal charges that are more serious, we prefer to meet with you in person. This is because there are many variations involved with each case, and we base our fee depending on how your individual case should be handled and how much work will be involved. We prefer not to get into the personal details about your case over the phone if at all possible to try to protect your privacy and confidentiality.

Our initial consultation is free and you are under no obligation when you come to any of our three offices. Just remember to bring any paperwork with you, for example a copy of the charge or warrant and any conditions of release paperwork from the jail. Call our officer to arrange an appointment that fits your schedule.

Maybe. However, in some counties and in some courtrooms, the arresting officer won’t even be present unless your case is called for trial. At Kurtz & Blum, PLLC, we’ll do the necessary investigation on the case to make sure that any favorable witnesses are called.

At Kurtz & Blum, PLLC, our criminal law attorneys have handled charges from misdemeanor possession of marijuana to first degree murder and most everything in-between. We have litigation experience in multiple counties and in federal court. Chances are good that we’ve handled a charge like yours before, even though the details of each particular case differ greatly from client to client. Best of all, when you retain our services, you are getting the benefit of the experience of the entire team. We routinely discuss strategies and debate the nuances of the law in order to narrow in on a particular issue and prepare for trial or negotiation with the ADA.

It’s true that we’re not the cheapest attorneys in town. You are paying for experience, knowledge, and stability. Kurtz & Blum, PLLC has three office locations and five criminal law attorneys. Combined, our attorneys have more than thirty years experience between them. They know the law - not only North Carolina law - but the vast differences of how cases are handled in each of the counties. With multiple attorneys working together, there will always be an attorney available to work on your case if an emergency occurs - one who can answer your questions and handle your concerns. If your attorney works alone, what will happen to your case when he is out sick or on vacation? What will happen if he has an emergency?

Kurtz & Blum, PLLC is a solid presence in North Carolina. We have the benefit of a larger firm with multiple attorneys, a helpful, knowledgeable staff and a solid reputation in the courts but we still maintain the personal attention and care for our clients that are often lost in giant firms. Some things are simply worth the extra money…especially when you consider what is at stake.

That’s fine. The only way to be sure is to talk with an attorney. At Kurtz & Blum, PLLC, we offer free consultations. You can call and make an appointment to speak with our experienced criminal law attorneys. At that appointment, the attorney will discuss the case with you, explain the law and give you an idea of the various possible resolutions.