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Articles Posted in impaired driving

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Habitual Impaired Driving in North Carolina

Habitual Impaired Driving in North Carolina Driving while impaired or intoxicated is an offense that law enforcement officers take seriously. The laws and penalties are designed to deter people from driving while intoxicated. A DWI conviction could result in a sentence that includes jail time, fines, community service, alcohol education…

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Can I be Charged With DWI in North Carolina if My BAC is Less Than 0.08%?

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”   Many people mistakenly believe that they can only be charged with driving while impaired (DWI) if they are above the legal blood alcohol concentration (BAC) limit, which…

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Can You Reduce a DWI Charge to Reckless Driving in North Carolina?

Charlotte Criminal Lawyer Brad Smith answers the question: “What happens if I am convicted of a DUI or DWI in Charlotte North Carolina?”   In North Carolina, as in many other states, being charged with driving while impaired (DWI) is a serious offense that carries harsh penalties, including fines and…

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Defenses to a Failed Breathalyzer Test in North Carolina

Charlotte DWI Lawyer Brad Smith answers the question: “Are breath test results always accurate?”   If you were pulled over for driving while impaired (DWI) in Charlotte or other parts of North Carolina, a police officer might order a breathalyzer test to determine your blood alcohol concentration (BAC). If you…

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Can I Get a DWI Without Drinking Alcohol?

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”   We  have all heard of a driving under influence (DUI) or driving while impaired (DWI). Additionally, most associate both a DUI and a DWI with drinking too…

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What Crimes Are Eligible Under New North Carolina Expungement Law?

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”   We have previously discussed a new law that takes effect in North Carolina on December 1, 2017. The measure deals with expungements and aims to streamline the process, making everything easier and faster for those looking to clean…

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Police in Atlanta say overdose allows man to avoid DUI charge

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”   Typically, when you imagine a person using drugs or alcohol while driving you would expect that to lead rather quickly to a drunk driving charge. Though this…

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The Rights You’ll Forfeit by not Calling Your DWI Attorney Over the Holidays

Charlotte DWI Lawyer Brad Smith answers the question: “What steps should I be taking outside legal guidance to help my DWI case?”   With so many holidays right around the corner, we wanted to take this opportunity to remind everyone of the imperative of calling your attorney immediately if you…

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Woman Beats DUI Charge Because Her Body is a Brewery

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”   A New York woman with a 0.33 blood alcohol content recently beat a DUI charge based on an extremely unusual defense: a rare medical condition turns her…

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NC Man Gets DWI Conviction Thrown Out: Appeals Court Rules Traffic Stop Was Illegal

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   James Lee Johnson was indisputably impaired as he drove to his Hendersonville, North Carolina home one night in February of 2013. He blew a 0.13 on the blood alcohol test the police…

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