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Wilmington DWI Lawyers

• Ted Besen: Handling your charge yourself, such as paying your traffic ticket off or pleading guilty to a criminal offense could result in points assessed on your drivers license, increased insurance premiums or a criminal record. Under North Carolina law, any points assessed on your drivers license remains there for three years. Having an attorney represent you in court could have your charge substantially reduced in a manner that would offset any attorney's fees paid, along with a much more favorable outcome on your particular case.
• Christine Rivenbark: North Carolina has some of the toughest drinking-and-driving laws in the United States. Every DWI case has a number of legal issues that need to be looked at.
• William Peregoy: Know your rights! 1. You do not have to stop at the request of police, only if they demand it. Officers are just like any other citizen who might try to talk with you or ask you for change. If you are approached by police, then simply walk away. Be polite and do not run, just walk away. The officer will likely ask you to stop and talk. Respond with no thank you and continue on your way. The officer will then likely command you to stop. At that point, make it clear that you are only stopping because he is forcing you to, but be polite. a. This procedure creates a suppression issue for your lawyer. It only works if you only comply with demands and not requests. b. The officer must have a reasonable suspicion that you are involved in criminal activity to stop you. Of course, he has the power to stop you, just make him command or demand it, not simply request it. c. If you are stationary and the police approach you, try to leave. Make them stop you. Tell the officer that you are only stopping because he commanded or demanded it. 2. You do not have to talk with police, so don't. Officers can ask you any questions they want, but you do not have to answer them. Most people know about the Miranda Warnings - you have the right to remain silent, anything you say can be used against you in a court of law, you have the right to have an attorney present during questioning, if you cannot afford an attorney, you can have one appointed to you prior to questioning. These warnings are only required if you are in custody, meaning not free to leave. If you are free to leave, then there is no requirement to give these warnings. a. If the police are asking you questions, first find out if you can leave. Ask if you are free to leave. If so, leave. If you are not free to leave, respond to all questions by asking for a lawyer. b. Do not talk to police without a lawyer. You do not know what they are looking for or what evidence they do not have, but they do. The best way to protect yourself is to be quiet. Usually, if they are talking to you, then they need some evidence. Do not give it to them. c. You may think that refusing to answer questions or asking for a lawyer makes you look guilty. Asserting your rights cannot be used against you at trial. If the cop is asking you questions, he already thinks you are guilty. Anything you say now can be better said through your attorney later. d. You may think you can talk your way out of going to jail. This is highly unlikely and risky. The police may let you go home tonight, but gain enough evidence to send you to jail for longer later. If they are asking you questions, usually it means they need evidence that they do not have. Without this evidence, they may not be able to hold you in jail. 3. You do not have to consent to a search, so don't. If I walked up to your house and asked if I could look in your purse or rummage through your house, you would say no. A police officer has no right to search you unless he can show probable cause to a judge or prove exigent circumstances. Make the officer do that. If the police ask you if they can search anything or look for anything or just come in your house, refuse as if he was a stranger (he usually is). Always be polite. a. Listen to the question - if the officer says, "Can I look in your bag?" That is a request, not a demand. If you say OK, then you just gave consent to search your bag. The police do not have to tell you your rights and usually there is no production of events that make this look like a big deal. b. Plain view/smell - if the officer can see or smell your bong, pipe or other paraphernalia, then he will seize it, arrest you and search the rest of the house. If you have things that you do not want the police to see, then keep them hidden. Your right to privacy is based on how good you are at keeping things private. c. Car - basically, your car has no privacy. If you want to keep something in your car private, it must be in a second private place (e.g. - locked luggage in the trunk). d. Even if the police find something, do not give them consent to search more places or things. They likely will do the search, but do not help them make it legal by giving your blessing. If the police find something, you are about to be arrested and you should say nothing but, I want a lawyer.
• Sandra Criner: DWI NC has some of the toughest drinking-and-driving laws in the US. It is not illegal to drink and drive in NC. A person commits the offense of impaired driving if he/she drives a motor vehicle on a street, highway or any public vehicular area within this state: 1. While under the influence of an impairing substance; or 2. Has an alcohol concentration of .08 or more. (N.C.G.S.20-138.1) It is unlawful for a person under 21 years of age to consume alcohol or to have alcohol in their system any time while driving. (N.C.G.S.20-20-138.3) There are several other statutes that deal with driving while impaired in NC. A few examples are: 1. Impaired driving in a commercial vehicle. (N.C.G.S. 20-138.2) 2. Operating a commercial vehicle after consuming alcohol. (N.C.G.S. 20- 138.2A) 3. Operating a school bus, school activity bus, or childcare vehicle after consuming alcohol. (N.C.G.S. 20-138.2B) and many more.
• Robert Dillow: Legal problems such as criminal charges ... are rarely something for which people plan. These are difficult circumstances that often require difficult decisions. You need an experienced attorney that can help you make the difficult decisions and that can make sure your interests are protected.
• David Collins: As with all criminal charges, convictions for traffic violations have a cumulative effect and multiple convictions can have serious adverse consequences.
• Samuel Randall

  So you've been arrested and charged with 'driving under the influence' ('DUI') or 'driving while intoxicated "('DWI'). While you'll definitely need a lawyer to defend you in court, it can make things a lot less confusing to know what's going to happen in court before you talk to a lawyer.

  Arraignment

  The first hearing in your DWI case is likely to be an arraignment. After reading the charge against you, the judge will ask whether you plead guilty or innocent. Unless you're represented by an attorney and have talked it over carefully with your attorney, you'll want to plead 'not guilty.'

  The judge will decide whether to reduce your bail amount or release you on your 'own recognizance' without requiring additional bail.

  If you aren't already represented by an attorney, the judge will decide whether you are eligible for a government-appointed lawyer, called a 'public defender.' Being appointed a lawyer fulfills your constitutional right to the assistance of counselin criminal cases where you could be deprived of your liberty.

  If you have an attorney, or are appointed a public defender who is present in the courtroom, the prosecutor will give your attorney copies of any police reports and other documents the prosecutor is intending to rely upon in presenting the case against you (such as blood alcohol test results).

  The judge will likely set the date for pre-trial motions and trials.

  Preliminary Hearings

  At a preliminary hearing, the judge will be deciding whether the evidence produced by the prosecutor could (but not necessarily will) convince a jury you were driving while intoxicated. While the procedures for this differ greatly from state to state, it can be your attorney's opportunity to size up the prosecution's case.

  'Plea bargaining' ' negotiating a deal with the prosecutor to plead guilty to a lesser charge- is discouraged in DWI cases and has even been outlawed in some states. Many legislators feel that DWI is such a serious crime that plea bargaining is inappropriate.

  There may be cases, however, when an attorney (at or before the preliminary hearing stage) can reach a deal with the prosecutor to have a DWI charge reduced to a less serious charge, such as reckless driving. It may also be possible to reach a compromise by agreeing to plead guilty to the DWI charge in exchange for the prosecutor recommending a less severe sentence than if the case went to trial.

  Pre-Trial Motions

  Your attorney will likely bring motions to have particular damaging evidence kept out of the trial. Examples of evidence that defense lawyers work hard at eliminating from a DWI trial at the pretrial motion stage include:

  • Physical evidence such as alcohol bottles confiscated from the car
  • Blood alcohol content testing results
  • Any incriminating statements or confessions you may have made to the arresting officer(s)

  Trial

  Although many DWI cases are resolved short of going to trial, it's possible you'll find yourself at trial. If so, the trial is likely to proceed in a predictable manner, with:

  • Jury selection (unless it is a trial by judge, which is fairly unusual in DWI trials)
  • Opening statements by your attorney and the prosecutor, outlining the evidence each intends to present
  • Testimony from witnesses
  • Cross-examination of the witnesses by both attorneys
  • Motions from your attorney after the prosecution has presented its case, sometimes asking the judge to dismiss the case for lack of evidence
  • Closing arguments from both lawyers summing up the evidence, and arguments about how the law applies
  • Jury instructions (by the judge) on the law the jury must apply
  • Jury deliberation
  • Jury verdict

  Sentencing

  If you're convicted for DWI, the judge may sentence you to:

  • Pay fines
  • A short jail stay
  • A long jail term if you were involved in an accident where you injured or killed someone
  • Probation (internal link) or a suspended sentence, with conditions on where you can go and actions you're prohibited from (such as drinking)
  • Community service, working with local non-profit community organizations
  • Drug or alcohol counseling or outpatient or intensive inpatient rehab
  • Install an 'ignition interlock' device on your vehicle which prevents you from operating your vehicle if your blood alcohol content is over a certain level, typically .02.

  If your driver's license hasn't already been suspended, your state Department of Licensing may also suspend it for a certain period of time or put restrictions on when and where you can drive.

  You'll need a lawyer to represent you before and during trial. It's best to find a lawyer you trust as soon as possible after being charged with DWI.