DUI & Criminal Defense

In North Carolina, a first-time DWI is typically a Level 5 misdemeanor, but penalties vary based on aggravating factors. Consequences may include fines of $200-$4,000, 24 hours to 60 days in jail (often suspended), community service, substance abuse assessment, and license suspension for one year. Aggravating factors like high BAC, speeding, or having a minor in the vehicle can increase the severity.

While public defenders are qualified attorneys, they often handle hundreds of cases simultaneously, limiting the time they can dedicate to each case. A private criminal defense attorney can provide more personalized attention, conduct thorough investigations, spend more time preparing your defense, and be more readily available to answer your questions and concerns throughout the process.

A criminal conviction can have far-reaching consequences beyond court penalties. Many employers conduct background checks, and convictions can affect your current job or future employment opportunities. Professional licenses in fields like healthcare, law, education, and finance may be suspended or revoked. Immigration status can also be affected for non-citizens.

First, exercise your right to remain silent and request an attorney immediately. Do not discuss the case with anyone except your lawyer. Avoid posting on social media about the incident. Document everything you remember about the time of the alleged offense, including potential witnesses and alibis. Your attorney will investigate and build a defense strategy based on the evidence.

North Carolina law allows certain convictions to be expunged, but eligibility depends on the type of offense, when it occurred, and your criminal history. Generally, some nonviolent misdemeanors and certain felonies may be eligible for expungement after a waiting period. Dismissed charges and not guilty verdicts can typically be expunged immediately. An attorney can evaluate your specific situation.

Misdemeanors are less serious offenses punishable by up to 150 days in jail and fines. They're classified from Class A1 (most serious) to Class 3 (least serious). Felonies are more serious crimes that can result in prison sentences exceeding one year. They range from Class A (most severe, including life imprisonment) to Class I (least severe). The classification affects sentencing, future employment, and civil rights.

Yes, in some cases a DWI can be reduced to a lesser charge or dismissed entirely. Common strategies include challenging the legality of the traffic stop, questioning the accuracy of breathalyzer or blood tests, examining whether proper procedures were followed, and negotiating with prosecutors. Each case is unique, and outcomes depend on the specific circumstances and evidence involved.

In North Carolina, your license can be suspended both administratively and through court proceedings. If you fail or refuse a chemical test, your license may be revoked for 30 days immediately, with a potential one-year civil revocation. You may be eligible for a limited driving privilege after 10 days for work, school, or household tasks. A DWI conviction typically results in a one-year license revocation.

While you have the right to refuse, North Carolina's implied consent law means refusing carries automatic penalties. Refusal results in a one-year license revocation, regardless of whether you're ultimately convicted. The refusal can also be used as evidence against you in court. However, in some situations, refusing may be strategically beneficial. Consult with an attorney about your specific circumstances.

After arrest, you'll be taken to the police station for processing and a chemical test. You'll receive a court date and may be released on bond. Within 10 days, you should request a DMV hearing to contest license suspension. The criminal case proceeds through first appearance, potential plea negotiations, and trial if necessary. Throughout this process, having an experienced attorney can significantly impact the outcome.