Charlotte Criminal Lawyer Blog
How Can I Beat DUI Charges in North Carolina?
DUI, driving under the influence, is a serious charge. In North Carolina, a blood alcohol concentration (BAC) of 0.08% or higher is considered an impairment for adult drivers of passenger vehicles. The limit for commercial vehicle drivers is 0.04%. If you have been charged with DUI, you will want to take steps to vigorously defend yourself. If found guilty, your sentence could include fines, community service, license suspension, confinement, and more. Many people wonder what strategy they can use to beat DUI charges in North Carolina.
Levels of DWI in North Carolina
North Carolina law utilizes a multi-level system for DWI offenses and penalties. It is helpful to understand the level of DWI that you may be facing. It may be easier to favorably resolve DWI charges when they are the lower level variety. The levels depend on various aggravating, grossly aggravating, and mitigating factors. A level five DWI is the lowest level and is typically used when mitigating factors outweigh aggravating factors. An aggravated level one is the most severe and may apply when there are three or more grossly aggravating factors.
Charlotte DWI Lawyer Brad Smith answers the question: “What steps should I be taking outside legal guidance to help my DWI case?”
Defending DWI Charges
There may be several different strategies that you and your attorney may utilize to defend DWI charges. Although it is typically a rare occurrence, there are times when DWI charges may be eliminated or dismissed. In some cases, DWI charges might be reduced to lesser offenses. Your attorney will review the details of the traffic stop, field sobriety testing, breath testing, and arrest, among other things, to determine the best course to follow.
First and foremost, the police must have had a reason to pull you over. If there is a lack of reasonable suspicion, or lack of probable cause, it may be possible to fight the charges on those grounds. If the police failed to read you the Miranda rights and you later made some statements, those statements cannot be used against you. If the police did not properly perform testing or the results were contaminated, your lawyer will request to suppress them.
Help From a North Carolina Criminal Defense Attorney
DUI/DWI charges can be complex. You will likely obtain the best results with guidance from a qualified North Carolina DUI attorney. Your attorney will work vigorously to defend the charges and to try to get them dismissed or reduced whenever possible. The facts of each case are different, and the results will vary from situation to situation. The more aggravating factors that are present, the more difficult it may be to dismiss the charges. If you have had prior DUI convictions, it will often result in more severe penalties than a first-time offender. Call a DUI attorney as soon as possible so you can get started on the path to the best outcome possible.
A DUI conviction could cause you and your family strife for years to come. You could have trouble getting a job, getting an apartment, or getting into college. If you were charged with DUI, do not wait. Call us immediately at Arnold & Smith, PLLC at (704) 370-2828 to discuss your case.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
Image Credit:
https://www.freeimages.com/photo/police-motorcycles-1451045
See Our Related Video from our YouTube channel:
https://www.youtube.com/user/ArnoldSmithPLLC?feature=watch
See Our Related Blog Posts: