If you’re charged with impaired driving in Durham, it’s important to hire a DWI lawyer as soon as possible.
An experienced DWI lawyer will be able to help you navigate the legal process and explain your best case and worst case scenarios.
In this blog post, we’ll discuss why it’s important to have legal representation if you’re charged with impaired driving.
We’ll also provide some tips on how to choose a DUI lawyer in Durham for you.
Can I handle DWI charges without a lawyer?
It’s possible to represent yourself in court if you’re charged with impaired driving.
However, it’s not something an experienced DUI lawyer would necessarily recommend.
The legal process can be complex and confusing, and an experienced DWI lawyer will be able to provide guidance and advice throughout the process.
What are the benefits of hiring a DUI lawyer?
There are several benefits of hiring a DWI lawyer if you’re charged with impaired driving.
A DWI lawyer will be able to:
- Thoroughly review your case and identify any potential defenses that may apply
- Explain the legal process to you and help you understand what to expect at each stage
- Represent you in court and advocate on your behalf
When should I hire an attorney after a DUI arrest?
We think it’s important to hire an attorney as soon as possible after you’re arrested for DWI.
An experienced lawyer will be able to review your case and begin developing a defense strategy right away.
If you wait to hire an attorney, it could be too late to effectively defend your case.
How do I choose the right DUI lawyer in Durham?
There are a few things you should keep in mind when choosing a DWI lawyer in Durham.
- You should make sure the lawyer you’re considering has experience handling DWI cases in Durham
- Ask for referrals from friends or family members who have used a DWI lawyer in the past
- Finally, you should consider the costs associated with retaining a private attorney
What are the consequences of a DWI in Durham?
The consequences of a DWI in Durham depend on a number of factors, including your blood alcohol level, whether you have any prior convictions, and whether anyone was injured as a result of your impaired driving.
In any case, it’s important to speak with an experienced DWI lawyer who can help you understand the specific consequences you’re facing.
A DWI conviction can result in jail time, a loss of your driver’s license, and expensive fines depending on the specifics of your individual fact pattern.
You might also be required to install an ignition interlock device on your vehicle if the BAC was .15 or higher. Obviously, DWI is a serious crime in North Carolina.
If you’re facing DWI charges in Durham, don’t hesitate to contact Cole Williams law firm in Durham for help.
Once there is an attorney client relationship, we are here to answer your questions and help you navigate the legal system. Contact us today to schedule a free consultation.
Is Impaired Driving the same thing as Drunk Driving?
That’s a good question that requires a somewhat complicated answer.
To be clear, if you are drunk driving, that is a violation of the NC DWI law. Law enforcement officials are authorized to arrest you and bring DUI charges if you are grossly or obviously “drunk.”
At the same time, the legal standard in North Carolina does not require the Assistant District Attorney to prove you were drunk. N.C.G.S. 20-138.1 refers to Impaired Driving and does not define it as a drunk driving charge.
The different things DUI lawyers and clients alike call impaired driving, such as DUI or DWI or Driving While Intoxicated, does not matter all that much.
In fact, to prove you guilty, the State only needs to show you were appreciably impaired. That can be done through introducing evidence of a BAC – Blood or Breath Alcohol Content of .08 or higher.
The State can also introduce evidence of impairment that appreciably affects your mental or physical faculties.
Most people understand, there are impairing substances other than beer, wine, and hard liquor. You can be appreciably impaired by illegal drugs like marijuana and cocaine. You also can be found guilty of DWI if you are appreciably impaired by legal substances and even prescription medications.
If I blew over the limit shouldn’t I just plead guilty?
DUI lawyers generally do not recommend you just plead guilty if you are charged with impaired driving in Durham.
There are many possible consequences of a DWI conviction, including jail time, loss of your driver’s license, and steep fines. Legal counsel can help explain your rights and options.
A defense lawyer can also help prepare a Limited Driving Privilege (LDP) if you are eligible under the law to drive after a conviction. A license suspended by NCDMV for a Willful Refusal may require special conditions for restoration.
Do they plea bargain DWI charges in North Carolina?
DUI charges themselves are generally not something subject to plea bargaining. That is not to say a plea deal cannot be negotiated in criminal court offenses related to your DUI case that may involve drug crimes, possession charges, and even reckless driving.
It’s vital to understand, Reckless Driving is not considered a lesser included crime or offense. Unlike some states, North Carolina criminal law does not have “wet reckless” or a lower-level DWI charge like “DUAC” or “Driving with an Unlawful Alcohol Concentration.”
North Carolina also does not use the term DUI first and does not reduce charges for a First Offense in criminal court. That is not to say a clean record does not help. The Court may consider factors in mitigation in DUI cases as part of the sentencing hearing.
As such, a clean driving record and being polite with the officer help if you are convicted. They are not part of whether the State (the prosecutor) will dismiss the charges.
Your legal professional cane explain other factors that might both help and hurt you. Your DUI lawyer should be well-versed in local practices in Durham regarding motions to dismiss and trials.
What happens if I didn’t blow into the breathalyzer?
If you are charged with DWI and you refuse to submit to a chemical test, your license can be automatically suspended for one year. Each case is different.
Most DUI lawyers will refer to that as a Willful Refusal. Upon receiving notice of the Willful Refusal, the North Carolina Department of Transportation, Division of Motor Vehicles ordinarily sends a notice of revocation or suspension for failing to submit to a blood alcohol test or a breath test.
In either case, it’s important that you speak to a Durham DUI lawyer as soon as possible. An experienced lawyer can help you understand the charges against you and what options are available to you.
Can I get my charge dismissed if they didn’t give me Miranda Rights?
This is a common question we get, and unfortunately, the answer is often no.
Failure to read your Miranda Rights when part of a custodial interrogation can result, in appropriate circumstances, in a Motion to Suppress. The statement you give police, if and when required under the Fifth Amendment, is subject to suppression.
That is not necessarily the same thing as a dismissal of the charges.
Law enforcement officials are not required to give Miranda warnings after every arrest. Similarly, they do not have to advise you your rights to refuse a field sobriety test such as the PBT – Portable Breath Test or Standardized Field Sobriety Tests – SFSTs.
As you might understand, such defenses tend to be pretty complicated.
Many DUI lawyers will want to review the police report, the charging officer affidavit, the arrest report, and any video-recorded evidence that may be available from a BWC – Body Worn Camera or “dash cam.”
If you’ve been charged with DWI in Durham, it’s important to consult with an lawyer who can help you understand your options and build a strong defense.
How much do lawyers charge in Durham?
DWI cases vary in terms of their seriousness and the amount of time required to successfully resolve them.
As a result, attorney’s fees also vary.
Some lawyers charge a flat fee for certain types of DWI cases while others charge an hourly rate.
Some firms offer payment plans or other financing options to help make legal representation more affordable.
If you’ve been charged with DWI, it’s important to speak with an experienced lawyer who can answer your questions and help you understand your options.