Being charged with driving under the influence (DUI) can be a very serious matter. It remains on your criminal record and can have negative consequences in the future. Such charges come with their own set of penalties, depending on the circumstances. If you or one of your loved ones has been charged with DUI, a Candler DUI lawyer can help you with your case.
At Edwards Law, PLLC, we understand the severity of a DUI charge. We are a team of lawyers with a history of defending DUI cases. We know that the law can sometimes be complicated and complex. We can make the law clear to you and navigate it with efficiency.
Each case is unique, so we can analyze the details of the case and inform you of your options and potential outcomes. We can develop a legal strategy for you as we aim for the greatest possible result in your case.
A person can be charged with and convicted of driving while impaired (DWI, also known as DUI) if they are driving with a blood alcohol content level of 0.08% or more. If the driver is operating a commercial vehicle, this legal limit is 0.04%. A person can also be charged with a DWI if they are found to be under the influence of any other controlled or impairing substance, such as narcotics or opioids.
The car does not necessarily have to be in motion for the driver to be charged. They only have to be operating the vehicle at the time. The state also operates under implied consent. With implied consent, a person automatically consents to be tested for levels of intoxication while driving if they are pulled over and suspected of driving while impaired. If they refuse the test, they can have their license revoked.
If a driver is under 21, they can be charged with and convicted of DWI if they have any alcohol in their system while driving in Candler, North Carolina. Underaged drivers can face a Level 2 misdemeanor, as well as fines and jail time. An underaged driver convicted of DWI will also likely have their license revoked until they reach the age of 21.
When it comes to DWIs, penalties are based on the circumstances surrounding the event. Generally speaking, an offender faces harsh penalties if it is not their first offense and harsher penalties for each subsequent offense. If there are aggravating factors present, then the offender will face even stiffer penalties.
Aggravating factors include excessive speeding, a blood alcohol content (BAC) of 0.15% or above, driving while impaired with minors in the car, causing an accident, or causing the injury or death of another person.
Penalties for DWIs are placed on a ranking system from Level 5 to Aggravated Level 1, with Level 5 being the least serious to Aggravated Level 1 being the most serious. DWI penalties include fines, jail time, imprisonment, and license revocation.
Offenders can also face additional penalties such as probation, community service, participation in alcohol awareness classes, higher insurance rates, and installation of an interlock ignition device, among other penalties. It’s also worth noting that some penalties can be implemented at the expense of the defendant.
For instance, if a defendant is ordered to have an interlock ignition device on their vehicle, which tests their blood alcohol level any time they get in the car and will not start until the test is taken and passed, the installation and monthly fees will be the responsibility of the driver.
If you have been charged with DWI, defense lawyers can help you build a solid defense for your case. Some common defenses to DWI cases include:
A: The cost of a DUI lawyer in North Carolina depends on a number of factors. Some lawyers charge an hourly rate, while others charge a flat fee. There may be additional costs involved, including administrative costs and court costs. Costs will also depend on the complexity of the case and how long the case is expected to take.
A: Getting a DUI dismissed in North Carolina is not always easy. However, there are certain defenses your attorney can help you develop in your case. Some of these include challenging the accuracy of the alcohol test, proving your rights were violated during the arrest, or a lack of sufficient evidence.
A: In order to beat a DUI charge in North Carolina, your lawyer will have to challenge the prosecution’s evidence and build a strong defense for you in your case. Some examples of this include challenging the traffic stop and collecting eyewitness testimony to either corroborate your story or refute the officer’s testimony.
A: A Level 1 DUI in North Carolina is when there are two gross aggravating factors present during a DUI. For example, if there was a person under the age of 18 in the car and the offender got into a car accident that injured someone else as a result of driving while under the influence of alcohol or some other controlled substance, this could result in a Level 1 DUI, as the two aggravating factors are having a minor in the car and causing injury to another person.
If you or someone you know has been charged with a DUI, you don’t have to handle the aftermath alone. Doug Edwards at Edwards Law, PLLC, can help. Contact us today for more information.