DUI/DWI

Three Types of Ignition Interlock Device Violations in North Carolina

Published on: August 28, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Why is it important to hire a DWI lawyer quickly after being charged with a DWI?”

The state of North Carolina has one of the most robust ignition interlock device (IID) programs in the country. For this reason, you may be required to install an IID in your vehicle after a DUI conviction. Always refer to the court order terms and conditions of the interlock device use, because if you do not follow the rules, you can face further legal trouble. If law enforcement charges you with an interlock violation, discuss the matter with a North Carolina DUI attorney right away to ensure your rights are protected.

Driving While Intoxicated in North Carolina

Published on: July 31, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”

In the United States, alcohol is the primary cause for most deaths that occur while driving. Alcohol intoxication limits a driver’s ability to perform safely for several reasons. For example, alcohol intoxication blurs one’s vision and harms one’s ability to react. Since a person’s reaction time increases due to alcohol intoxication, intoxicated drivers do not have the proper ability to quickly think when confronted with an emergency. Even if a driver uses his or her car after a single drink and is under the .08% limit of Blood-Alcohol Concentration (BAC), police may still arrest that driver if he or she seems impaired while driving.

The Hidden Costs of DWI in North Carolina

Published on: June 5, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What happens if I am convicted of a DUI or DWI in Charlotte North Carolina?”

We all have heard the stories of families losing loved ones to those who have driven under the influence of alcohol or drugs, or drivers losing their own lives because they drove while impaired. These are sad stories and serve as a cautionary tale of avoiding impaired driving. Nevertheless, drivers in North Carolina are frequently charged with driving while impaired (DWI). Depending on whether this is your first time being charged with a DWI, or if it is a second or subsequent offense, the penalties for a DWI can be steep. In addition to fines and jail time that those convicted of DWI face, there are other ramifications of this criminal conviction that impact them for the rest of their lives. For additional resources regarding DWI click HERE.

Can a Breathalyzer Test Have a False Positive?

Published on: May 29, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”

We all know the dangers of drinking and driving. Accidents happen everyday because a driver is under the influence of drugs or alcohol and injures or kills someone else. Driving while impaired (DWI) charges are taken very seriously in North Carolina. It can be extremely frustrating to be facing these charges when you know you were not operating your vehicle while impaired. Find more resources about DWI here.

You Need an Attorney to Help Fight a DUI

Published on: April 17, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”

Getting behind the wheel when you are under the influence of alcohol or other impairing substance is illegal and incredibly dangerous. Those who are caught driving under the influence face some serious penalties. If you have been drinking, the best thing to do is to give your keys to someone else or otherwise get a ride home. However, if you find yourself facing a charge for driving under the influence (DUI), an experienced DUI attorney can help you obtain the best result possible. You might wonder if it is necessary to hire an attorney to fight the DUI charge, the answer is yes. An attorney can be extremely helpful for a variety of reasons.

New Study Shows Benefits of Ignition Interlock Devices

Published on: March 6, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Why is it important to hire a DWI lawyer quickly after being charged with a DWI?”

In North Carolina, some drivers who have been convicted of driving while impaired are required to have an ignition interlock device (IID) installed in their car. The idea behind this is that in order to start the vehicle and continue driving, the driver can not be impaired. We live in a society in which driving is almost always necessary. The device gives drivers who have lost their license the ability to regain their license with just some conditions. Not every driver who is convicted of an impairment-related charge will be required to have an ignition interlock system in his or her vehicle. It depends on the specific state laws and the circumstances surrounding the charge and conviction. The device can be an excellent way for the defendant to retain possession of his or her license.

U.S. Supreme Court to Hear Case on Implied Consent

Published on: February 13, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”

Only a small percentage of cases make their way to the United States Supreme Court. The case of State v. Mitchell is one of the chosen few that will be heard by the justices in the coming term. The case revolves around the issue of implied consent. State v. Mitchell originated in Wisconsin, but its content is not a stranger to North Carolina. The North Carolina Supreme Court heard a case about implied consent in State v. Romano. In Romano, the North Carolina court found that withdrawing blood from an unconscious DWI suspect violated the Fourth Amendment because there was no exigent circumstance.

Common Mistakes Officers Make During DWI Arrests

Published on: February 6, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”

In North Carolina, a driver can be charged with Driving While Impaired (DWI) if he or she has a blood alcohol concentration of .08 or more, or driving with an impairing substance or with any amount of a Schedule I substance in his or her system. DWIs are dangerous for all parties involved. As such, this is a serious charge that can result in severe consequences that impact one’s life. Even so, it is important that a driver arrested and charged with this crime is entitled to proper criminal procedure. Law enforcement officers are human; they too can make mistakes. If law enforcement makes a mistake while arresting a driver, this can be used to reduce charges or even dismiss a case. The following are common mistakes that officers might make during a DWI arrest.

Can I Get a DWI Without Drinking Alcohol?

Published on: January 30, 2019 | On behalf of Arnold & Smith, PLLC

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 much alcohol and getting behind the wheel of a vehicle. In North Carolina, DUIs and DWIs are often thought of as the same thing and used interchangeably. Did you know that is it not just alcohol that can result in a DUI or DWI charge? Driving under the influence of drugs can also result in a DWI or DUI charge.

What Happens When Officers Lose Reasonable Suspicion at a Traffic Stop?

Published on: December 5, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

In most instances, police officers are required to have reasonable suspicion when they conduct a traffic stop. Speeding, swerving in and out of lanes, using a phone while driving, or other traffic violations give an officer reasonable suspicion to pull a car over and investigate what is happening. When an officer conducts a traffic stop, he or she usually asks for your license, registration, and insurance, and then runs your information through their system to check you out. However, what happens if the reason the officer conducted the stop, providing reasonable suspicion, disappears? Can officers still conduct the traffic stop and ask for your license? The North Carolina Court of Appeals recently ruled on this issue and found that yes, an officer can continue the traffic stop even if the cause for the stop disappears.