Charlotte Criminal Lawyer Blog

Can I Refuse Field Sobriety Tests?

Published on: December 31, 2025 | On behalf of Arnold & Smith, PLLC

Can I Refuse Field Sobriety Tests?

Driving while impaired (DWI) occurs when a person gets behind the wheel after having consumed alcohol or drugs that impair them. DWI is a serious offense and one that comes with significant penalties if convicted. DWI charges may come after a driver has been found to be under the influence of drugs or alcohol. In order to charge a driver, the police must first determine that a driver is impaired. This is often done using field sobriety tests.

What are Field Sobriety Tests?

What Does the Reclassification of Marijuana Mean to North Carolinians?

Published on: December 24, 2025 | On behalf of Arnold & Smith, PLLC

What Does the Reclassification of Marijuana Mean to North Carolinians?

Marijuana is currently classified as a Schedule 1 drug. This classification is the same as other drugs, including heroin, ecstasy, and LSD. President Trump recently signed an executive order requesting Attorney General Pam Bondi to change the classification of marijuana. The order calls for reclassifying marijuana as a Schedule 3 drug. The change will allow for federally funded research because cannabis would be considered to have some legitimate medical purposes. There is no date yet determined for when the change will go into effect.

Drug Classifications

Iryna’s Law Goes into Effect in North Carolina

Published on: December 17, 2025 | On behalf of Arnold & Smith, PLLC

Iryna’s Law Goes into Effect in North Carolina

New legislation has taken effect as of December 1, 2025. The new law is known as Iryna’s law. The law is named after a woman named Iryna, who was killed in a train stabbing in Charlotte. According to reports, the attacker had a long criminal history and was out on bail when the latest incident happened. The new law addresses cashless bail and the release of defendants of some types of crimes while awaiting trial.

What is Iryna’s Law?

Santa Can’t Make That Ticket Disappear

Published on: December 16, 2025 | On behalf of Arnold & Smith, PLLC

A Holiday Reality Check for North Carolina Drivers

The holidays are a time for celebration—but they’re also one of the busiest seasons of the year for law enforcement across North Carolina.

From Thanksgiving through New Year’s, police agencies increase patrols, set up checkpoints, and closely monitor highways and local roads. As a result, speeding tickets, DWIs, and traffic charges spike dramatically during the holiday season.

Do I Qualify for Electronic Monitoring Instead of Jail?

Published on: December 10, 2025 | On behalf of Arnold & Smith, PLLC

Do I Qualify for Electronic Monitoring Instead of Jail?

If you are convicted of a crime, you will face a variety of potential penalties. The sentence may include fines, jail time, education classes, rehab, community service, and probation, among others. The judge usually has some discretion when it comes to sentencing. Rather than spend time in confinement, you may wonder whether you are able to remain out of jail with a restriction of electronic monitoring instead. An experienced criminal defense attorney not only helps to defend your case but also assists with representation through sentencing.

What is Electronic Monitoring?

Why Does the Risk of DWI Increase Around the Holidays?

Published on: December 3, 2025 | On behalf of Arnold & Smith, PLLC

Why Does the Risk of DWI Increase Around the Holidays?

The holidays are wonderful times of fun gatherings with friends, family get-togethers, and office parties. The season gives us plenty of opportunities to celebrate, but along with the festivities comes an increased risk of getting charged with DWI (driving while impaired). DWI charges have severe penalties, so if you are facing DWI charges, you will want to present a vigorous defense. Many people wonder why the risk of getting a DWI increases around the holidays.

More Parties and Gatherings

Driving Under the Influence of Drugs in North Carolina

Published on: November 26, 2025 | On behalf of Arnold & Smith, PLLC

Driving Under the Influence of Drugs in North Carolina

Driving while impaired is illegal in North Carolina and elsewhere. Impaired driving includes anything that causes a driver to be impaired and unable to properly operate a motor vehicle on the road. Driving under the influence of drugs is a crime that is the same as driving under the influence of alcohol. Both drunk driving and drugged driving are considered dangerous and, therefore, are punishable crimes. If you have been charged with drugged driving, you will want to vigorously defend the charges and protect your rights with help from an experienced attorney.

What is Drugged Driving?

Understanding Bail in North Carolina

Published on: November 19, 2025 | On behalf of Arnold & Smith, PLLC

Understanding Bail in North Carolina

When a person is charged with a crime, they will be arrested. The defendant will go in front of a judge who will state the charges and determine bail. Some crimes are so egregious that the court may deny bail completely and require the person to be held in jail until the disposition of their case. Most of the time, the judge will set bail that will allow a defendant to get out of jail until their case is resolved. Bail can be an important factor because it may be the difference between whether you remain in jail or are allowed to go home until trial.

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Understanding the New Sentencing Law in North Carolina

Published on: November 12, 2025 | On behalf of Arnold & Smith, PLLC

Understanding the New Sentencing Law in North Carolina

North Carolina Governor Josh Stein signed a new law that applies to North Carolina sentencing rules. The law changes a longstanding rule that judges typically followed regarding how multiple sentences are to be served. The law applies to those who are facing more than one sentence, such as for multiple convictions. The new law allows for consecutive sentences and could impact the length of a defendant’s sentence, possibly by many years. The new law takes effect on December 1, 2025, for crimes committed on or after that date.

Multiple Convictions

Consequences of DUI Refusal in North Carolina

Published on: November 5, 2025 | On behalf of Arnold & Smith, PLLC

Consequences of DUI Refusal in North Carolina

Police officers are focused on public and road safety and are required to enforce the law. If you are pulled over for a traffic violation, the police may want to determine whether you are impaired. The legal limit in North Carolina is 0.08% BAC. Blood alcohol content (BAC) is a measurement of the concentration of alcohol in your system. The police may have you perform some standardized field sobriety tests (SFSTs), and they may also ask you to take a preliminary breath test to help determine whether you are impaired. They may then transport you to the police station, where they conduct an evidentiary DUI test.

Understanding Implied Consent