DWI Criminal Defense Attorneys, Here To Help

Being arrested on suspicion of driving while intoxicated in the state of North Carolina is a serious matter. You will be forced to spend the night in jail and have to pay to hire the services of a knowledgeable attorney. A conviction would create the onset of an entirely different and long list of expenses and problems, both socially and professionally.

At Harbinson Parker, in Alexander County, we understand that the entire ordeal of a DWI arrest is harrowing enough. We are strong advocates for the rights of our clients. Our DWI legal team is led by Joel Harbinson, an acclaimed trial lawyer selected to the North Carolina “Super Lawyers” list and former prosecutor Clay Pittman. They will aggressively protect your rights. We are here to fight for you, not to judge anyone.

A DWI Arrest Is Not An Automatic Guilty Verdict

Millions of decent, hardworking Americans have been arrested after engaging in leisure activities they’ve enjoyed throughout their lives, such as sipping a decades-old scotch with dinner at a steakhouse, or popping open a bottle of Champagne at happy hour with colleagues to celebrate a lucrative new business deal, among others.

But just like any other charge in the criminal justice system, the state must prove beyond reasonable doubt your guilt in a DWI case. An arrest is not the same as a conviction. When we work with you, we do not have to prove your innocence. The prosecutor must prove your guilt.

While the maximum allowable level of blood alcohol content (BAC) varies nominally from state to state throughout the country, the legal limit in North Carolina is .08%. However, an individual may face a conviction on a DWI charge, even if BAC registers less than the standard. BAC is deemed under our laws to be merely one “indicator” of whether a driver was impaired at the time of an arrest. When you visit our office for an initial consultation, we will further discuss this component of DWI law, as well as any other areas of concern on your mind.

When You Are Stopped Due To Reasonable Suspicion Of DWI

You have the right to remain silent if you are pulled over and questioned by a police officer in Alexander County about whether you consumed any alcohol before driving. You are under no obligation to tell law enforcement where you are coming from, where you are going or what you did that night.

Furthermore, you cannot be forced to perform any roadside sobriety tests such as counting backward from 10, reciting the alphabet, walking a straight line or following the tip of a pen with your eyeballs. If requested to do so, you have the right to refuse politely.

Don’t Talk To Anyone Until You Talk To Your Lawyer

If cited for DWI, your words and actions during that roadside stop can be used against you in court. This is also why it is imperative to remain courteous and respectful to the police officer who stops you. The arresting officer will note any signs of agitation, anger or disorientation. This might be used as evidence of your impairment.

The criminal defense attorneys at Harbinson Parker strenuously encourage all of their clients to always remain as deferential toward police officers as possible. Any confrontational or belligerent actions will only exacerbate what is already a tense situation.

There Are Consequences To Refusing Sobriety Tests

While you may refuse to submit to a breath test in the field, the law enforcement personnel can still demand a blood test, especially when an accident has occurred and/or someone was injured. Even when refusing a breath test is your right, it could result in a one-year suspension of your driver’s license and ineligibility for the state’s limited driving privilege. Said privilege otherwise would allow you to drive to and from work for the first six months of that suspension.

Although our wishes are that no client faces a DWI charge, we hope you will contact us without delay if you find yourself in that circumstance. It is always best to begin building your defense as quickly as possible.

Frequently Asked Questions About North Carolina DWI

At Harbinson Parker, we know you may have questions after a DWI arrest, and we are here to answer them. Below are some of the questions our experienced firm sees most often.

What are the penalties for a first-time DWI in North Carolina?

If you get a first DWI conviction, you could face a variety of penalties, starting with up to 60 days behind bars – though many first offenders only serve a small sentence, such as 24 hours. Once released, you could serve more time – up to three years – on probation. You may have to pay fines of up to $200, and your driver’s license can be suspended for 30 days.

How do you get a DWI dismissed in North Carolina?

There are tactics you can use to get the charges dismissed. As an example, if the police made mistakes while administering field sobriety tests or breath tests, the results may not be permissible in court. For instance, breath test devices often have to be calibrated and maintained, and the results may not be accurate if the department does not do so.

Additionally, you may be able to get the charges dismissed if the initial traffic stop was illegal, even if you were under the influence. If you are able to show that something else – like mouthwash with alcohol content – influenced the breath test, it could also lead to a dismissal.

Every case is unique, and our experienced team can help you consider your defense options and the steps you can take when facing such charges.

Can a DWI be reduced in North Carolina?

No. Some states do allow DWI offenders to get a reduced sentence, but North Carolina law does not allow for this option. This is why it is so important to know what steps to take when facing DWI charges. If you are convicted, the potential sentencing could have a significant impact on your life, your employment, your finances, your driving privileges and more.

Will I lose my license for a DWI in North Carolina?

Yes, and how long you lose it depends on your record. As noted above, the suspension for a first DWI is just 30 days, but a second DWI could lead to a 12-month license suspension. For a third DWI conviction, you could receive a full license revocation.

Contact Us To Learn How We Can Defend Your Rights

There are many other components to DWI arrests in the state of North Carolina. Call Harbinson Parker to answer any questions you may have. Make an appointment at 828-600-7462 for Taylorsville or 704-707-3066 for Statesville or leave your contact information and a brief description of your legal matter in our online intake form.

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