Driving While Impaired

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.

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.

Is Necessity a Defense to a DWI?

Published on: November 28, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “How can an attorney help me with my DWI?”

After being charged with a crime, your mind might be reeling. Suddenly, you are thrust into the criminal justice system and are trying to figure out what to do next. Driving while impaired (DWI) is a common charge in North Carolina, otherwise known as drunk driving. An experienced DWI attorney can help qualm your fears and prepare the best possible defense for you. One defense to a DWI that is not always the first to come to mind is necessity. In some instances, it could be a valid defense to a DWI. This is not to say that using necessity as a defense will be an automatic “win,” but instead one of the many defenses that might be used to defend the individual facing a DWI charge.

Things to Look Out for in a DWI Arrest

Published on: November 21, 2018 | 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, drivers can be charged with driving while impaired (DWI) if they are under the “influence of an impairing substance,” have a blood alcohol concentration of .08 or more, or are driving with any amount of specific controlled substances in their system. For most people, when they are charged with a DWI, they feel discouraged and like there is no way the situation will end with a positive outcome. Yes, a DWI is a serious offense that law enforcement is adamant about prosecuting it. However, this does not mean that anything that law enforcement does while arresting you or while suspecting you might be impaired is acceptable. Like anyone, law enforcement officers can make mistakes. A mistake by law enforcement could help your case. Police must follow a strict protocol. The following are common mistakes to look out for in a DWI arrest.

License Revocation as a Consequence of DWI

Published on: September 12, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “How can an attorney help me with my DWI?”

Most people in North Carolina rely on their car to get them from one place to another. While there may be public transportation options, rideshare options, or any other type of transportation, for the most part, people get around by car. Imagine being completely dependent on a car to get you to work, school, or even social events. What happens if you suddenly do not have a license anymore? For those individuals who are arrested and/or convicted for driving while impaired (DWI), that is a sobering reality. Often times, after an individual is arrested and charged for a suspected DWI, he or she faces immediate license revocation, even without the conviction. An arrest and/or charge is enough to revoke a license.

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

Published on: December 1, 2016 | On behalf of Arnold & Smith, PLLC

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 are arrested or face new criminal charges this holiday season.

Attorneys Permanently Disbarred for Setting Up Opposing Counsel for DUI Mid-Trial

Published on: September 13, 2016 | 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?”

The Florida Supreme Court recently ruled to permanently disbar two Tampa civil attorneys for one of the most movie-plot-level setups the Court said it had ever seen: setting up their opposing counsel for a DUI arrest in the middle of trial.