Huntersville DWI Lawyer

Huntersville DWI Attorney

Being accused of driving while under the influence (DUI/DWI) of drugs and/or alcohol can have a significant impact on a person’s life. Not only can this result in criminal charges and penalties, but it can also result in personal consequences, such as difficulty securing housing or job opportunities. If you have been charged with a DWI, a Huntersville DWI lawyer can help you fight for your future.

Why Choose Us?

The Law Office of Kevin L. Barnett strives to give each of our clients individualized attention. As we understand that every case is unique, our law firm will adjust its strategy to your specific case. We do everything in our power to defend your rights and protect your liberty when you are facing DWI charges.

Driving While Impaired (DWI) in North Carolina

As with most other states, driving while impaired from alcohol or drugs is illegal. If a person’s blood alcohol content (BAC) level is at or above 0.08%, they are considered over the legal limit. This limit is lower for those driving commercial vehicles, such as a mail van or other job-specific vehicle. This limit is 0.04%. A person is also considered outside the legal limit if they are intoxicated from drugs like opioids.

Those who drive under the age of 21 can be charged and found guilty of DWI regardless of how much alcohol is present in their system while driving. Underage drivers risk a level 2 misdemeanor as well as fines and jail time. An underage driver convicted of DWI will likely have their license suspended until they turn 21.

In North Carolina, drivers operate under implied consent. This means that by driving, the driver is consenting to being tested for impairment, should they be questioned. Refusal can result in license revocation.

Penalties for DWI

When a person is convicted of DWI, they can face strict penalties. Generally speaking, penalties include jail time (or an alternative, such as community service or probation), license suspension, and fines. However, the severity and length of the penalty depend on the circumstances surrounding the DWI.

A first-offense DWI will usually result in lighter penalties than subsequent offenses. The longer the history of DWIs on a person’s record, the harsher their penalties will become. In addition, if there are aggravating factors present, the offender will face stricter penalties and likely additional charges. Examples of aggravating factors include:

• The DWI caused serious injury or death of another person.
• The offender was driving with minor children in the vehicle.
• The driver had a significantly high BAC (twice the legal limit or more).
• The driver caused a car accident that resulted in injury and/or property damage.
• The driver was committing other crimes while driving impaired, such as fleeing from police, speeding, reckless driving, driving on a suspended license, or resisting arrest.

Possible penalties a person can face include:

• Jail or prison time
• Fines
• Restitution to victims (such as reimbursement for damaged property)
• Installation of an interlock ignition device
• Probation
• Community service
• Mandatory participation in alcohol treatment programs
• License suspension or revocation
• Higher insurance rates

Defenses to DWI Charges

Just because you’ve been charged with a DWI doesn’t mean you’re guilty. An experienced lawyer can use several different defenses to fight charges by advocating for them to be reduced or dropped. One standard defense involves denying that the police had probable cause to pull you over.

For example, if no signs of speeding or any other violation were observed, the arrest could have been illegal. In the same way, a lawyer might say that there was no probable cause to arrest you, such as proof of intoxication.

Field sobriety tests are another place where defensive tactics can be used. These tests can yield false results because of environmental influences such as rough surfaces, dim lighting, or illness that impairs balance and coordination. An attorney can also challenge the validity of these tests and how the officer interprets the results.

What to Do After a DWI Charge

If you’ve been charged with DWI, taking immediate action can make a crucial difference in the outcome of your case. First, be calm and follow the police’s instructions. You may want to share basic identifying details, but you have the right not to discuss alcohol or drug use. Never make negative comments that can be used against you.

Contact a DWI attorney as soon as possible. The earlier you reach out, the more your attorney can collect evidence, go over police reports, and craft a defense. Your lawyer can also advise you on how to deal with immediate issues like license suspensions.

Next, keep up with court appearances and all conditions of release, such as alcohol testing or treatment programs. You can face further penalties if you fail to do so. Document everything when details of your arrest are still fresh in your mind. You can use information such as why the police stopped you, how they administered field sobriety tests, and even how the officer acted.

How a Lawyer Can Help

A DUI attorney can analyze the facts of your arrest and point out any legal or procedural mistakes that could result in dismissal or reduction of charges. For instance, if the officer did not have reasonable suspicion to make you stop or probable cause for arrest, your attorney can challenge the charges. They can also challenge the validity of field sobriety tests, which are highly subjective and susceptible to misreading.

A competent lawyer may also examine the administration of blood or breath tests to make sure that everything was properly done and that nothing was abused or tampered with. They can object to aggravating conditions, such as high blood alcohol levels or careless driving, and work towards deferring punishment.

Whether negotiating with the prosecutor or representing you in court, DWI lawyers know the North Carolina laws and defenses to secure your rights and get the greatest possible result.

Contact The Law Office of Kevin L. Barnett Today

If you have been charged with a DWI in Huntersville, legal help is available. The Law Office of Kevin L. Barnett can help. Contact us today to get started.