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Marcus Hill-Durham

You Got A DUI. Now What?

Even though you've been arrested for DWI, you don't have to let it ruin your life. You may not realize it yet, but if you are thinking about simply going to court and pleading guilty to your DWI charge you may be cheating yourself.

You see, a qualified attorney can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, obtain expert witnesses ­ all of which may help you to win your case at trial.

To find out what you need to know about your DWI arrest I've developed a website to give you a wealth of useful information . . . information which will show you how you may be able to save your license and your freedom . . . and possibly avoid fines, fees, and sharply increased car insurance costs of as much as $6,800.

For the most part, my easy-to-navigate site has information on it which you can't get anywhere else unless you are willing to do a great deal of legal research.

When you're on my site, you'll also learn how you can get a free, no-obligation consultation where I'll review your case and show you how I may be able to save your license and your freedom.

North Carolina DWI Drunk Driving Defense Information

Search for North Carolina DWI Attorneys by county.

Attorney Offices by Municipality

  • Ashville
    • Andrew Banzhoff: 1) Can I just pay my ticket? Of course. But you should be aware that simply paying off your ticket could result in consequences to your insurance and in some cases license suspension, even if this is your first offense.
    • Curtis Sluder: DRIVING WHILE IMPAIRED The alcohol concentration restriction for driving in North Carolina is .08 In a commercial vehicle, the alcohol concentration restriction is .04 Any alcohol for a driver less than 21 years old is treated similar to DWI
    • Wade Hall: ...drunk driving (DUI) and other serious traffic-related offenses such as driving after license revocation, driving after suspension, speeding, reckless driving, and so forth... can have serious consequences. A DUI conviction can result in fines and possible jail time. Your auto insurance rates can go up, and you may lose your license.
  • Cary
    • Kevin Bunn: There are five sentencing levels for DWI's, ranging from Level 1, the most punitive, to level 5, the least punitive. The sentencing level is determined by the judge based on "factors" such as prior DWI's, whether or not your license was revoked for DWI, the breathalyzer reading, your driving, whether you obtained a substance abuse assessment prior to court, and your driving record. If you have not had a DWI in the past seven years, your license is not revoked for impaired driving, there was not a child under the age of 16 in the vehicle, and there was no accident resulting in serious injury, you will be sentenced at level three, four or five. If one of the preceding four conditions applies you will be sentenced at level two, while if two or more of these conditions apply you will be sentenced at level one. Level three, four and five sentences typically include a fine, costs of court, revocation of your license for at least one year, and an order to obtain a substance abuse assessment and to complete any treatment recommended. You will also have to do some combination of the following: community service, active jail time, not operate a motor vehicle for a prescribed period of time. Level one and two sentences typically require active jail time and do not allow for a limited driving privilege. Under certain circumstances, the State can take and sell a vehicle operated by someone who is convicted of DWI if their license was revoked for a prior DWI at the time they were charged.
  • Carthage
    • Krueger & Associates: It is rarely in your best interest to plead guilty as charged or, to simply pay off the ticket. Traffic tickets can increase your insurance costs drastically. One insurance point is a 25% increase, two points a 45% increase, and three points a 65% increase.
    • Rowland & Yauger: The State of North Carolina is continually increasing the potential penalties under its Driving While Impaired statutes to make North Carolina's DWI laws among the toughest in the nation.
  • Charlestion
    • Alston Law Firm: In today¹s society, a vehicle is a necessity. Our goal is to protect your right to own and operate a vehicle. The first line of defense is to challenge the reason that you were stopped. There are bad stops! There are many things that you need to do before appearing in front of a judge. We know what these things are and we strongly urge you to move quickly and contact my firm if you have been arrested or cited for a traffic offense. If it is your first arrest, the goal is make sure that you can continue driving. For second offenses, the goal is often to keep you out of jail and able to continue providing for your family.
  • Charlotte
    • Douglas Simmons: In 2001, more than 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics. Police and highway patrol officers are cracking down on drunk drivers with increasing frequency as a result of influence from groups like MADD and public outcries in general. If you find yourself at the center of this crackdown, you need an experienced drunk driving attorney to represent your interests and work toward the least restrictive outcome possible.
  • Chapel Hill
    • Jeffrey Howard: There are literally hundreds of statutorily defined crimes in North Carolina. Do you know what you've been charged with, what the elements of the crime are, what the State has to prove? Despite the standard of "innocent until proven guilty," it is the District Attorney's job to believe that you are guilty and to prove to the court that you are guilty. It is probably in your best interests to have someone on your side that has intensive training and experience similar to that of State's counsel, but whose job it is to convince the court that you are innocent.
    • Orrin Robbins Contrary to prevalent public perception, an accusation of DWI does not always result in a conviction. Defendants frequently do avoid conviction. DWI charges are dismissed and reduced. Good judges still find defendants not guilty when the State fails to prove its case. The presumption of innocence is still alive in America. However, no one who rolls over and pleads guilty to DWI has ever been found not guilty of DWI. While not all DWIs can be tried and successfully defended, if you have been charged with DWI, then you owe it to yourself to consult an attorney who knows DWIs.
  • Charlotte
  • Clayton
    • Kenneth Barnes: Traffic violations in North Carolina can be quite costly, or quite simple and painless. Often, it depends solely on whether you are represented or not.
  • Durham
  • Elizabeth
    • Teague & Glover: D.W.I. stands for "driving while impaired," a misdemeanor that carries with it a maximum sentence of 2 years in prison and a $4,000 fine. There is also a mandatory loss of license ranging from 1 year to permanent, depending upon your record. In addition, it is possible that your personal automobile insurance rates could increase up to 800% for 3 years following a D.W.I. conviction.
  • Fayetteville
  • Gastonia
    • Regina Taylor:

      Criminal Defense for Traffic Violations and DWI Charges

      Cautions drivers can get speeding tickets just as easily as infrequent drinkers can get DWI charges. Mistakes happen, and when they do, it helps to have an experienced lawyer on your side to fight your DWI charges or traffic violations in a Gastonia, North Carolina court. Quite often, a traffic violation and DWI charge will be the result of a single incident. Depending on the severity of the offense, you may be charged in civil court, criminal court, state court, or municipal court. In addition, your traffic violation may be charged in Gastonia, while the DWI drunk driving charge is prosecuted by an attorney in Gaston County, North Carolina.

      Know the DWI laws for North Carolina

      ... look for every possible way to minimize the impact on your driver’s license or insurance. In North Carolina, the DWI / DUI facts are these:

      • BAC (Blood alcohol concentration) is 0.08 percent
      • A 30 day administrative license suspension is given for the first offense
      • Driving privileges may be restored during suspension after a 10 day period
      • Penalties include both interlock and forfeiture
      • Open container laws apply to both drivers and passengers
    • Arcangela Mazzariello: Taped information by telephone.
  • Garner
    • Jonathan Breeden: Perhaps your DWI or DUI citation came as a result of a breathalyzer test.... Or your arresting officer may have used alcosensors when you were arrested for drunk driving. Whatever test was administered and whether or not this was your first North Carolina DUI offense, you deserve a fair process through the justice system. You need a competent DWI / DUI attorney to guide you through the process of defending your legal rights.
  • Greensboro
  • Graham
    • David Remington: Traffic violations such as speeding, illegal lane usage, reckless driving, failure to yield, and following too closely can result in license suspensions and higher insurance rates. Depending on the violation and how it is resolved, you may be fined, referred to a special program, or sent to jail.
  • High Point
    • Ewing Carter III: If convicted of Driving While Impaired, you may have to serve time in jail and lose your privilege to drive in North Carolina for at least a year.
    • Bob Davidson: Driving while impaired and traffic cases can have serious insurance ramifications if not properly handled. The driver can also lose their privilege to drive in the State of North Carolina. A driving while impaired charge is a serious criminal matter and all defendants should have legal representation.
  • Hendersonville
    • William Gardo: Driving privileges can be suspended when the history of a driver suggests that he is a danger to himself or others. A first suspension is usually not more than sixty days, the second not more than six months, and any subsequent suspension not more than one year. A license can be suspended for convictions of using a driver's or learner's permit fraudulently, illegally transporting alcoholic beverages, or driving under the influence of drugs or alcohol.
  • Hillsborough
    • Coleman, Gledhill & Hargrave: We also have access to acknowledged experts in the field of DWI who may be able to testify on your behalf at time of trial. Of course, this depends on the facts and circumstances of your case. In some cases, Breathalyzer test results and police testimony of observations of intoxication can be challenged through expert testimony.
  • Kitty Hawk
    • Merrell & Mauney:
      • Until your case is finalized in court, you should not discuss your case with anyone other than your lawyer.
      • If you are contacted by the police or anyone else, you should decline discussing the case without the presence of your lawyer.
      • You should never attempt to contact witnesses who have been listed to testify against you. This can sometimes be misinterpreted as an effort to intimidate or influence such witnesses’ testimony and can have disastrous consequences.
      • If you believe that witnesses may actually be helpful to your case, make a note of the way in which you think they may help and tell your lawyer about it. This will protect you from any unfair claims with respect to such witnesses.
  • Lillington
    • Kelly & West: Driving while impaired is an offense that can have serious consequences on a person if he or she is convicted. While it is generally a misdemeanor, it is punishable by up to 2 years in prison and up to a $4,000 fine. There is also a mandatory loss of license period that ranges from one year to a permanent loss of license. Additionally, it is possible that a convicted person¹s automobile insurance rates could increase substantially for three years following a DWI conviction. Due to the severe penalties involved, it is not only important to hire an attorney, but it is also important to contact one who is experienced in handling DWI cases. He or she can help determine what is best in each case in order to keep the penalties incurred to a minimum. An experienced attorney will evaluate your case and your prior driving record and determine whether it is in your best interest to accept a guilty plea or go to court and try your case. In the event that you and your attorney decide that it is best to go to court and try the case, a competent attorney can help prepare you for what to expect when you get to court.
  • Mooresville
    • William Willis: Each case is different and the results depend on the specific facts and circumstances of the case. Remember that you should not make any incriminating statements to the investigating or arresting officer. Do not give the prosecutor any more evidence to convict you on the charge. An attorney can review all of the facts of the case and can review the investigation procedures used by the officer to determine if grounds exist to fight the charges. There are many areas of criminal law and procedure to review before a proper and informed decision can be made to plead guilty or to plead not guilty and have a trial.
  • Morgantown
    • Talton Dark:

      TRAFFIC OFFENSES FOR WHICH COURT APPEARANCE IS MANDATORY

       

      Applies To Offenses Committed On Or After January 1, 2004

      1. All pleas of not guilty.

      2. All felonies.

      3. Driving while subject to an impairing substance. [G.S. 20-138.1]

      4. Driving a commercial vehicle while subject to an impairing substance. [G.S. 20-138.2]

      5. Careless and reckless driving. [G.S. 20-140(a), (b), (f)]

      6. Exceeding the applicable speed limit by over 15 mph while driving over 55 mph.

      7. Driving in excess of 80 mph. [G.S. 20-141]

      8. Violations of motor carrier safety and hazardous material regulations. [G.S. 20-396]

      9. Passing stopped school bus. [G.S. 20-217]

      10. Failure to stop for emergency vehicles. [G.S. 20-157(a)]

      11. Failure to obey directions of a traffic officer, or of a fireman at the scene of a fire. [G.S. 20-114.1]

      12. Failure to stop, etc. at the scene of an accident, or failure to report such an accident. [G.S. 20-166; G.S. 20-166.1]

      13. Driving while (license) suspended, revoked or disqualified, or permitting an owned vehicle to be so operated. [G.S. 20-28; G.S. 20-34]

      14. Driving a commercial motor vehicle without being licensed to do so, or driving a commercial motor vehicle while license suspended, revoked, or subject to a disqualification or out of service order. [G.S. 20-28(c); G.S. 20-37.12]

      15. Possess fictitious, cancelled, revoked, suspended or altered license or identification card, or counterfeit, sell, lend, or permit use of license or identification card by another, or any other violation of G.S. 20-30 or G.S. 20-37.8.

      16. Any violation of the financial responsibility laws. [Chapter 20, Articles 9A and 13]

      17. Any violation of the vehicle registration laws involving stolen or altered registration plates or certificates.

      18. Selling handicapped parking placards. [G.S. 20-37.6(c3)]

      19. Any violation involving false affidavit, or false statement under oath, or perjury. [G.S. 20-17(5); G.S. 20-31; G.S. 20-112; G.S. 20-313.1]

      20. Any violation charged in the same citation, warrant, magistrate?s order, or summons with a mandatory court appearance violation.

      21. Death by vehicle. [G.S. 20-141.4]

      22. Impaired instruction. [G.S. 20-12.1]

      23. Transporting spent nuclear fuel without notifying Highway Patrol. [G.S. 20-167.1]

      24. Driving by person under age 21 while drinking or after having consumed alcohol or controlled substance. [G.S. 20-138.3]

      25. Racing (prearranged, spontaneous, permitting such use of an owned vehicle, betting on prearranged racing). [G.S. 20-141.3]

      26. Unlawful use of red or blue lights on vehicle. [G.S. 20-130.1]

      27. Failure to give way to the right when being passed. [G.S. 20-149(b)]

      28. Driving with open container after drinking. [G.S. 20-138.7]

      29. Driving to elude arrest. [G.S. 20-141.5]

      30. Operating commercial vehicle after consuming alcohol. [G.S. 20-138.2A]

      31. Operating school bus, school activity bus, or child care vehicle after consuming alcohol. [G.S. 20-138.2B]

      32. Any violation of G.S. 20-142.1 through G.S. 20-142.5, if the driver is driving a commercial motor vehicle.

  • Raeford
    • Debbie Baker: In North Carolina, a traffic ticket or citation can also have a detrimental effect upon your life. In many cases, your driving record can also determine if you are hired for a job especially in fields that require a person to drive on the job. The loss of your driving privileges can have a financial effect upon your ability to provide proper support for your family. Convictions for certain traffic offenses such as DWI and Driving While License Revoked can result in a loss of driving privileges as well as jail time depending upon your prior driving record.
  • Raleigh
  • Shelby
    • Teddy & Meekins: DWI refers to driving while impaired. Alcohol and/or prescription and illegal drugs can cause this impairment. Under North Carolina law, a DWI arrest can occur if you register .08 or greater in a blood or breath test. Persons who are convicted or plead guilty to a DWI offense must complete a substance abuse assessment and comply with any recommended treatment as a condition for having his or her operator's license restored at the end of the revocation period. A DWI charge or conviction may result in a loss of license or limited driving privileges. Ordinarily a person who is convicted of driving while impaired suffers a loss of license following the conviction. Limited driving privileges are not automatically granted, but if they are allowed, they function as a restrictive license until the end of the revocation period or until the time of trial.
  • Smithfield
    • Antoan M. Whidbee:

      If you have been arrested for DWI, DUI, or drunk driving, it may seem like there is no hope for your situation.  There are serious consequences for a drunk driving charge.

      • If you are charged, you automatically lose your license for 30 days.
      • If convicted, you could lose your license for a year.
      • You could lose a professional license (medical, dental, real estate, etc.).
      • If you have a commercial driver’s license, you could lose it.
      • Your insurance could go up drastically.
      • If convicted, it will affect your professional and family life
    • Mast Schulz Mast Mills Johnson & Wells: Traffic offenses do not only include minor infractions and speeding tickets; multiple lesser offenses can result in more serious charges being brought against you, and modern legislative trends indicate that certain offenses may receive harsher punishments in the future. Common violations receiving more attention in the legislature include: Driving while impaired Driving without a license, or with a suspended or revoked license Violation of rental vehicle agreement Driving without insurance or without adequate coverage Negligent or reckless driving Hit-and-run, or leaving the scene of an accident Most minor violations will not subject you to jail time, but simply paying the fine is an admission of guilt, resulting often in a severe increase in your insurance costs.
  • Statesville
    • Mattox, Mallory & Associates: Most jurisdictions in North Carolina do not plea bargain DWI charges at all. However, there are steps that can be taken to reduce the consequences of conviction. Taking these steps prior to your court date can save you time (community service), money (fines imposed), and may make you eligible for driving priveleges.
  • Sylvia
    • Frank Lay: Don't settle for a bad plea bargain. You have only one chance to present your best case! Driving while impaired (DWI) cases are serious matters which require an experienced and capable trial lawyer. Under North Carolina law, a conviction of DWI carries major penalties, including possible jail time, heavy fines, loss of driver's license and other penalties. But remember...arrest does not always mean conviction. The serious penalties of a DWI conviction deserve a serious defense.
  • Wilesboro
    • Brewer & Brewer If this is your first DWI in the past seven (7) years, we can usually keep you driving with a Limited Privilege. If it is your second or third DWI within 7 years, then you cannot get a Limited Privilege in North Carolina.
  • Wilmington
  • Washington
    • Sonia Privette: Drinking and driving offenses are not taken lightly by the public or the criminal justice system. Laws regarding DUI/DWI offenses are constantly changing as well as the penalties associated with these crimes. Therefore, it is imperative that anyone charged with a drunk driving offense contact an experienced and competent attorney immediately to ensure the preservation of their legal rights.
  • Warsaw
    • Thompson & Thompson: Due to the fact that citizen's arrest laws are state specific, few general rules can be distilled from a survey of such laws. For instance, while some states allow citizen's arrests where an individual observes another engaged in a felony, others do not. Further, some states limit a private citizen's right to make arrests by requiring the arrest to have taken place at night. States also differ regarding what level of force may be used against the detained individual. In addition, some laws require that the citizen's actions be taken for the purpose of aiding law enforcement. Despite these differences, most states allow private citizens to place others under arrest if both of the following elements are present: 1. A crime was committed in the citizen's presence 2. The citizen has a reasonable belief that the detained individual has committed a felony, either in the presence of the citizen or otherwise.
  • Washington
    • Darrell Cayton: DUI/DWI ­ Drinking and driving offenses are not taken lightly by the public or the criminal justice system.  Laws regarding DUI/DWI offenses are constantly changing as well as the penalties associated with these crimes.  Therefore, it is imperative that anyone charged with a drunk driving offense contact an experienced and competent attorney immediately to ensure the preservation of their legal rights.
  • Whispering Pines
    • Morris Law Office: THE NON-RESIDENT VIOLATOR COMPACT Just because you are a resident of another state, do not make the mistake of thinking that the North Carolina ticket will not follow you when you leave. North Carolina and most other states and parts of Canada have joined together under the Non-Resident Violator Compact. A suspended license or a ticket in one state is reflected as a ticket or loss of license in every other state. Also, if you ignore a ticket in North Carolina, you will likely later find yourself unable to obtain a license in another state, or even renew your license, until you have resolved the ticket here and had your driving privileges in North Carolina restored. Most states also exchange information under the National Driver License Compact to prevent drivers from receiving multiple tickets in different states without triggering enforcement action. North Carolina is a member of the Nonresident Violator Compact and a license suspension or serious ticket in any member state equals a ticket or loss of license in ALL 44 member states. Nonmembers as of January 1996 are: Alaska, Arizona, California, Hawaii, Michigan, Montana, Oregon, Puerto Rico, Washington, and Wisconsin. If your license is suspended in North Carolina, you cannot obtain a license in any of the member states until your privilege to drive in North Carolina is restored.
  • Willmington
  • Winston-Salem
    • Renita Linnville: If you have been cited for DUI/DWI, you should know that the law gives serious consequences upon conviction. Drunk driving punishments are even more severe for repeat offenders in North Carolina. A DUI sentence may require you to pay a substantial fine, serve some time in jail, or both. In addition to any fines or jail time, your drivers license may be suspended, even if it is your first offense. You will have to find alternate transportation and go through considerable effort to regain your driving privileges after a drunk driving conviction. To add insult to injury, many insurance companies will drop your motor vehicle coverage if you get a DUI. The companies that will insure you will only do so at a greatly increased premium. It is easy to see how important it is to protect your rights and to do that, you need a lawyer who will work to stop these consequences from becoming reality.
    • Fitzgerald & Hunter: There are several standards that an appellate court uses in reviewing a defendant's conviction or sentence in a criminal case. These standards of review include certain legal presumptions, judicial notice, the law of the case doctrine, the sufficiency of the evidence, reversible error, harmless error, and fundamental error.
    • Christopher Beechler: DUI/DWI‹If you have been cited for DUI/DWI, you should know that the law gives serious consequences upon conviction. And these punishments drunk driving are even more severe for repeat offenders. A DUI sentence may require you to pay a substantial fine, serve some time in jail, or both. In addition to any fines or jail time, your driver¹s license may be suspended, even if it is your first offense. You will have to find alternate transportation and go through considerable effort to regain your driving privileges after a drunk driving conviction. To add insult to injury, many insurance companies will drop your motor vehicle coverage if you get a DUI. The companies that will insure you will only do so at a greatly increased premium. It is easy to see how important it is to protect your rights ­ and to do that, you need a lawyer who will work to stop these consequences from becoming reality.
    • Clarke Dummit: Been charged with DWI? Maybe you think the best thing for you to do is to plead guilty and get it over with to save yourself the time and hassle of the court room. You could be making a BIG mistake that could give you a criminal record needlessly. Take charge and protect your rights! Your future depends on it.
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