Breaking and Entering Penalties

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If you are implicated in a breaking and entering offense in North Carolina, understanding the penalties and how they apply to your specific case is vital. Hiring a criminal defense lawyer should be your first step. While it might be daunting to navigate through the complex legal system, partnering with a seasoned defense lawyer can guide you through every legal turn, potentially reducing your sentencing or even getting charges dropped altogether. In this article, we discuss breaking and entering charges in North Carolina so penalties if convicted.

What is Breaking and Entering in North Carolina?

breaking and entering

Breaking and entering have penalties ranging from probation to prison time. In North Carolina, breaking and entering is defined as illegally entering someone else’s property without permission or authorization. It is considered to be a type of burglary, which is usually classified as either a first- or second-degree offense, depending on the circumstances of what happened.

The severity of the sentence for breaking and entering will depend on a variety of factors, such as whether any property was stolen or damaged during the incident. The judge will also take into account whether or not this was your first offense or what other charges are on your criminal record.

First vs. Second-Degree Burglary

With first-degree burglary, there were people in the home or commercial building that has been entered. It cannot be the area around the home, and there must be an intent to commit a felony. According to NC § 14-51., it is punishable as a Class D Felony and is punishable by up to 204 months of incarceration.

Second-degree burglary charges can be filed against you even if you are in the curtilage, or area around the dwelling. Usually, the dwelling isn’t occupied. The maximum jail time for this Class G Felony is 47 months.

Contact a North Carolina Criminal Defense Lawyer

If you or a loved one have been charged with breaking and entering North Carolina, it’s important that you contact an experienced criminal defense attorney right away. As an experienced attorney, Dewey P. Brinkley will be able to review your case and develop a strategy that will help minimize any potential penalties that you may face.

He will also be able to explain all your options so that you can make an informed decision about how best to proceed with your case. Contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form to schedule a free consultation to discuss your case.

Is Boating Under the Influence (BUI) a Crime in NC?

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Boating Under the Influence in North Carolina is illegal. Boating Under the Influence (BUI) laws are related or similar to driving while impaired (driving under the influence) (DWI/DUI) laws and carry similar consequences if convicted. It may be necessary to reach out to a DWI defense attorney for advice and help.

The key difference between DWI/DUI and BUI is that DUI is for cars and other motor vehicles on land whereas the BUI means operating a boat or other watercraft, such as jet skis, when impaired by alcohol or other controlled substances (drugs). In this article, we’ll provide an overview of BUI laws in North Carolina and some comparisons to DUI. If you have been arrested for this crime or DWI/DUI, you should retain a good North Carolina defense attorney.

What is BUI in North Carolina?

boat capsized due to BUI (boating under influence)

The state of North Carolina defines “boating under the influence” as operating any boat while having consumed enough alcohol or drugs to impair one’s ability to do so safely. It outlines this in G.S. 75A-10(b1). North Carolina Criminal Law Chapter 75a-10 refers to Operating a Vessel While Impaired – “Boating While Impaired” commonly referred to as “BWI” “Drunk Boating” or “Impaired Boating.”

It should also be noted that minors, those under the age of 21, are prohibited from operating any watercraft after having consumed any amount of alcohol or other intoxicants; otherwise, they face harsher penalties than adults would for similar offenses.

Drunk Boating Vs. Drunk Driving

The main difference between BWI and DWI is that one occurs on the water while the other occurs on land. While both offenses are dangerous, drunk boating has the potential for even greater danger due to a lack of boating experience, lack of marked roadways, and the unpredictable nature of the environment. Not only does this increase the risk of an accident occurring, but it also increases the chances of severe injury or death due to drowning.

On the other hand, there are many more drivers on land as it is our chief form of personal transportation. So statistically you are more likely to be in a car accident or possibly cause a car accident. According to the National Highway Traffic Safety Administration (NHTSA), 31% of traffic fatalities in the US involve drunk drivers (with BACs of .08 g/dL or higher).  Every day, about 37 people in the United States die in drunk-driving crashes. There is no comparison when it comes to BWI accidents. Boating under the influence though accounts for 50% of boating accidents according to stats.

Despite sharing common definitions with impairing driving laws, boating while impaired and surfing or skiing while impaired are not implied consent offenses. This means that boaters, skiers, and surfers—unlike drivers—are not considered to have provided consent to testing to a chemical analysis if charged with a BUI and that a refusal to be tested does not cause driver’s license revocation.

Penalties from a BUI Conviction

If you are arrested for Boating Under the Influence in North Carolina, there are numerous potential consequences that could result from your conviction. Penalties can be harsher depending on factors such as prior criminal history and degree of intoxication at the time of arrest.

Possible punishments range from fines and jail time to license revocation and community service requirements; however, it is important to note that these vary greatly based on individual circumstances and the severity of the offense. For instance, first-time offenders may receive leniency when compared to multiple-offense offenders who could face more severe punishments such as mandatory jail time or loss of their boating privileges permanently.

Most North Carolina BUIs are class 2 misdemeanors. The sentence a court can impose depends on the offender’s criminal history. But generally, North Carolina BUI offenders face $250 to $1,000 in fines and a maximum of 60 days in jail.

For DWI/DUI penalties, see our site.

Defenses to a BUI Charge in North Carolina

Lack of Evidence: One of the most common defenses to a BWI is that you were not impaired or operating the vessel in a negligent manner at the time of your arrest. This can be established through witness testimony or physical evidence, such as sobriety tests or breathalyzer results. However, if no chemical analysis was provided, then that particular physical evidence has not been provided and is not available as proof of impairment.

Lack of Probable Cause: Additionally, it is possible to argue that the arresting officers lacked probable cause for making the arrest in the first place, rendering any evidence obtained from it invalid.

Inaccurate Results: Another defense involves challenging the accuracy of breathalyzer results. These devices are not always accurate and can be affected by factors such as radio frequency interference, improper calibration, or even environmental factors like temperature and humidity. If these issues can be demonstrated in court, then it may be possible to have any breathalyzer evidence thrown out and have charges reduced or dismissed.

Mitigating Factors: There may even be mitigating circumstances surrounding an individual’s charge that can reduce liability or result in lesser penalties if accepted by a judge or jury. For example, an accused person may have been found operating their vessel after consuming alcohol due to an emergency such as medical distress or a mechanical malfunction on board their vessel. By demonstrating these extenuating circumstances in court, it may be possible to avoid conviction of a BUI charge in North Carolina.

Contact a DWI Defense Attorney

If you’ve been charged with BUI, it’s important to have experienced legal representation. Working with a criminal defense lawyer can help you understand your rights and options in North Carolina.

Leading DWI defense attorney lawyer Dewey Brinkley has helped many clients fight against DWI/ DUI accusations. He understands the seriousness of the charges and will act with discretion while vigorously challenging the prosecution’s case. If he cannot assist you with your BUI charges, his legal reputation and associations within the North Carolina legal community will enable him to make recommendations.

Contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form to schedule a free consultation to discuss your case.

What Is the Crime of Sexual Harassment?

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Sexual harassment refers to any unwelcome communication or contact that creates a hostile or offensive work environment. This can be verbal or physical, such as unwanted touching or sexual comments.

Sexual harassment can interfere with someone’s ability to perform their job or create an intimidating or offensive work environment.

When harassment escalates beyond  a breach of civil or workplace acceptable behavior, then perpetrators may move into criminal behavior and arrestable charges. The crime of harassment is a serious offense that can have profound consequences. Criminal harassment is defined as a pattern of harassing actions against a specific individual. In this article, we’ll discuss sexual harassment  in the context of a criminal offense.

Crimes Associated With Sexual Harassment

sexual harassment at workplace

There are a number of crimes associated with sexual harassment in North Carolina. In our state there isn’t a specific crime called sexual harassment. Rather, behaviors and actions that are harassing with a sexual overtone can qualify as other types of offenses that are a crime. These include:

● Statutory rape
● Forcible rape
● Forcible sexual offense
● Sexual activity with a parent
● Sexual activity with a student
● Sexual battery
● Harassment
● Stalking
● Domestic violence

 

Types of Sexual Harassment

The definition of sexual harassment, as seen earlier, is in the context of inappropriate workplace behavior. If you engage in workplace misbehavior, this is not a crime but rather a reason for workplace discipline and perhaps discharge from the job. Workplace harassers will often have to resign to avoid being fired. For example, House Representative Scotty Campbell of Tennessee recently resigned when his workplace sexual harassment was revealed.   Examples of workplace sexual harassment are:

Quid Pro Quo

The most common type of sexual harassment in the workplace is quid pro quo. It occurs when a person in a position of power, such as a supervisor or manager, requests or demands sexual favors from an employee in exchange for some benefit. This can range from offering promotions, raises, or special privileges to punishments, such as withholding job security, if those favors are not granted.

Hostile Working Environment

Another form of workplace sexual harassment is creating a hostile working environment through unwelcome sexual conduct such as sexual advances, requests for sexual favors, comments of a sexual nature, physical contact of a sexual nature, and other forms of sexual contact.

These actions of an individual make the workplace  intimidating, hostile, or offensive for one or more workers by their sexual comments and actions.  Creating a hostile workplace environment is illegal under Title VII of the Civil Rights Act of 1964 and employers are obligated to take steps to prevent it from occurring in the workplace. Employers must have policies in place that prohibit such behavior and provide training to employees so they understand what constitutes inappropriate conduct. An employee found to be guilty of sexual harassment will likely be fired and could be sued civilly by the victim or victims.

Harassment Can Escalate to Criminal Behavior

But harassment can take many forms, including sexual, and occur outside a workplace. For example, a person can be harassed by racist slurs, homophobic comments,  misogynist remarks, and inappropriate comments about a disability. Sexual harassing comments may be ones that discuss things of a sexual nature the speaker would want to do to the victim or comments about body parts like breasts and genitalia.  Further touching a person such as rubbing their back or thigh while indicating attraction when it is not welcomed, wanted, or invited is harassment. Imagine a woman riding a bus daily, and some rider creep starting commenting on her breasts

For example Sexual Battery is a crime defined as “the crime of sexual battery may occur if an individual, for sexual pleasure, gratification, or abuse, engages in sexual contact with another individual.” For sexual battery to be a crime, the sexual contact must have been by force or against the will of the other person, or if the person isn’t able to reject the sexual advances because he/she is mentally disabled, mentally incapacitated, or physically helpless.

Being accused of the crime of harassment, sexual battery,  forcible sexual offense, or rape  is a serious accusation. If accused or charged with a crime of this magnitude, you are likely afraid about what will happen to you if convicted.

Criminal Penalties in North Carolina

Criminal harassment convictions in North Carolina are often the most serious type of misdemeanor in the state called a Class A1 misdemeanor.  However, some convictions can be felony convictions.

For example, stalking is a crime in North Carolina and can definitely be harassing behavior. A defendant with prior stalking convictions is guilty of a Class F felony. Stalking also often falls within the domain of domestic violence, another criminal offense. If convicted of a felony offense, the penalty could be up to 12 years in prison and/or fines.

If convicted you have a criminal record which will likely affect your ability to get or keep a job, obtain a loan, be approved for an apartment, and other such effects. You will likely experience difficulties in your personal  with relationships and your mental health.  Further a conviction can be strong evidence if you are sued civilly for your actions and if found culpable then hefty compensatory damages as well as punitive damages may be awarded which is intended to civilly punish the offender and deter future bad behavior.

Seek Help If Criminally Charged

If you have been accused of any type of criminal harassment or related crimes, it is important to seek legal help from an experienced criminal defense attorney as soon as possible. Dewey Brinkley is a renowned Raleigh criminal defense lawyer who understands how charges like these can be terrifying and a conviction can be negatively life changing. He understands your rights under the law and will work to defend you rigorously against such accusations. Following his stint as a Wake County Assistant District Attorney and establishing his law office in 2005, he has focused on handling serious felonies, DWI, drug crimes, sex offenses and misdemeanors.

Clearly having an experienced criminal defense lawyer is key to beating allegations of criminal behavior.

Contact a North Carolina Criminal Defense Lawyer

If you or someone you know has been unjustly accused of criminal harassment or other sexual offenses, it is essential to seek the advice of a criminal defense lawyer immediately. As an experienced trial attorney and skilled litigator, Attorney Brinkley can navigate the North Carolina criminal justice system, build a strong defense strategy, and work to help you avoid conviction. Contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form for assistance.

Don’t Plead Guilty to a DWI Without a DWI Defense Lawyer

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If you have been arrested for DWI meaning Driving While Impaired, you may feel you need to plead guilty and accept the consequences. However, we recommend you should never plead guilty without consulting an experienced DWI defense attorney first. In North Carolina DWI or DUI (Driving Under the Influence) is a very serious crime and you should not willingly admit guilt.

It’s important to understand before you plead guilty to knowing what the consequences of pleading guilty could be such as fines, loss of driving privileges, imprisonment, and exclusion from society. These are serious penalties, life changing in some cases. There may be strong reasons that the charges are wrong or not supported by evidence.  Your DWI defense attorney can explain these defenses to you to challenge DWI allegations.

A DWI/DUI attorney like Raleigh North Carolina attorney Dewey Brinkley can mean the difference between going to jail or freedom. It can mean having a future where you can get a job or a loan, lease an apartment, or buy a house because you don’t have a criminal record that allows society to deny you access to these essential things. You have rights. Do not talk about the accusations without your lawyer. It will be difficult but you must try. As stated in the Miranda Warning “Anything you say can and will be used against you” and “You have the right to an attorney”

Effect of Pleading Guilty to a DWI Charge

arrested dwi person talking with dwi defense lawyer

If you are facing DWI charges, it is important to understand the effect of pleading guilty. Pleading guilty to a DWI charge can result in fines, license suspension, required community service, mandatory substance abuse evaluation and classes, and  jail time. Furthermore a criminal history has an effect on getting a job, a loan, an apartment/house, maybe even a passport. After all, you’re confessing your guilt without a trial or due process. You do so without knowing what evidence the prosecutors might have and if it would stand up to scrutiny.

Instead it is best to talk with an experienced DWI defense attorney before considering a guilty plea to DWI/DUI charges in North Carolina. Your lawyer can also help build a strong defense and negotiate with the prosecution.

Common Defenses Against DWI Charges

There are certain defenses that can be used to reduce or even dismiss the charges.  For example, one possible defense is arguing that the evidence collected was insufficient or unreliable. For example, if the breathalyzer device was not calibrated properly or the blood test was contaminated, the accuracy of the results can be called into question.

Another defense is challenging the officer’s probable cause for making the traffic stop. If the officer did not have a valid reason for pulling you over, any evidence gathered from that traffic stop may not be admissible in court.

Or it may be possible to argue that the signs of impairment were due to factors other than alcohol consumption, such as prescription medication or a medical condition.

There are any number of ways that DWI charges may be wrong and you should avail yourself of every possible chance to defend yourself.

When to Hire a DWI Defense Attorney After an Arrest

With a DWI arrest, it is important to hire a skilled DWI defense attorney as soon as possible to minimize the impact of a DWI arrest. As soon as you get a chance, call an attorney. Law enforcement will not make the wait pleasant so you have to be strong and patient. Do not submit to any additional testing if possible. And again, avoid talking or making excuses or trying to explain. Any statement may be misconstrued by prosecutors as admitting to being impaired or under the influence of alcohol or drugs. Let your attorney do the talking. An attorney like Attorney Brinkley know the law and will advise you and defend you.

Often, people who have been arrested for DWI may not know the full extent of the charges they face or the evidence collected against them, so a lawyer can help to review the specifics of the case and give sound legal advice. Effective DWI lawyers are often successful in reducing charges, which can help lower fines, court costs, and other expenses that you may face if you are convicted of a DWI/DUI.

At the Law Office of Dewey P. Brinkley, we are here to help you have the strongest defense against DWI charges in North Carolina possible.

Contact Raleigh DWI Defense Attorney Dewey P. Brinkley

If you’ve been charged with a DWI, it’s vital to understand that pleading guilty without seeking the advice of a DWI defense attorney can have dire consequences. The penalties both in the courtroom and out in the world with a criminal record make a conviction very dangerous.  Do not take a chance. Obtain the best legal defense and fight that charge. Contact the Law Office of Dewey P. Brinkley at (919) 832-0307 

North Carolina DWI Laws

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Driving while intoxicated, a DWI,  is a serious offense that can result in legal consequences that can have a long-lasting impact on your life. North Carolina’s DWI laws are, like other states, fairly unforgiving. A conviction of a DWI here can lead to jail time, large fines and even a loss of your license. That’s why if you’ve been charged with a DWI, you need a skilled DWI lawyer in Raleigh who will aggressively defend you.

A skilled attorney can defend you, protect your rights, and mitigate the potential consequences of a conviction. With a little luck, charges will be dropped and no prosecution will even occur.

DWI Blood Alcohol Limits in North Carolina

north carolina dwi lawsThe North Carolina Department of Public Safety outlines what constitutes a DWI.

According to the statutes, it is illegal to drive while noticeably impaired or with a blood alcohol concentration of 0.08. For commercial vehicles, this limit is 0.04. It is important to know that you do not have to have a BAC above a certain limit to be convicted of a DWI, as the law notes that anyone who is “noticeably impaired” can be convicted.

North Carolina DWI laws are strict regarding underage drivers as well. Individuals under the age of 21 with a blood alcohol concentration of .01% or more are subject to arrest and DWI charges. Driving under the influence of drugs or alcohol under the age of 21 can result in license revocation and mandatory substance abuse treatment.

Penalties for DWI Convictions in North Carolina

If convicted of DWI, drivers may face a range of penalties, including fines, license suspension or revocation, community service, and jail time. Even first-time DWI offenders in North Carolina face a range of potential penalties, including the suspension of their driver’s license, community service, probation, and even jail time. Penalties may increase for repeat offenders.

The severity of punishment varies based on factors such as the driver’s BAC level, whether the driver has prior DWI convictions, and whether any injuries or property damage occurred while driving under the influence.

Other Restrictions For DWI Offenders

In addition to fines, jail time, and license suspension, there are several other restrictions that DWI offenders can face. One of the most common restrictions is the installation of an ignition interlock device, which prevents a vehicle from starting if the driver has been drinking.

Offenders may also be required to attend alcohol education or treatment programs. Habitual impaired driving can result in permanent license revocation.

Other restrictions that may be imposed on DWI offenders include community service, probation, and vehicle forfeiture.

Implied Consent Laws

North Carolina does have an “implied consent” law, which states that if you’re lawfully arrested by an officer who has probable cause to believe that you have been drinking, then you consent to taking a chemical test of your blood or breath to determine your blood alcohol content (BAC). Refusing to consent can mean an immediate loss of licensure and penalties similar to that of a DWI.

How Long Does a DWI Stay on Your Criminal Record?

A DWI conviction will remain on your record permanently. This means that any future employers, landlords, or other interested parties will be able to see your prior DWI conviction, even if it was many years ago. It may also affect your ability to obtain employment, housing, and other opportunities that involve a background check.

So you can see how important it is to do everything you can to avoid a conviction. Get a good lawyer! 

Top Raleigh DWI Lawyer

It is essential to protect your rights and understand the legal consequences of a DWI in North Carolina. Dewey Brinkley is a top DWI Lawyer in Raleigh, with over 115 4.9 Google Reviews. He will leave no stone unturned to defend you. He and his team will comb through every aspect of your case and build it around three crucial elements: what is the evidence of “bad driving,” are the field sobriety tests questionable in any way, and were the breath or blood testing procedure legally conducted.

If you are facing charges of driving while intoxicated, it is critical to have the best DWI lawyer and do everything you can to avoid conviction.  Contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form.

Possible Outcomes If You Are Arrested

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If you are arrested, it can be a frightening experience. Whether you are guilty or innocent, the experience can be stressful, time-consuming, and potentially life-changing. When you are arrested, it is crucial to understand your rights and what could happen next. The potential outcomes of an arrest can vary depending on the circumstances of the arrest, the charges against you, and other factors.

Some of the possible outcomes if arrested are you may have to deal with legal fees, potential jail time, court appearances, and a criminal record that could follow you for years. In this article, we will explore the possible outcomes of being arrested and what you can expect if you find yourself in this unfortunate situation.

Dismissal or Nolle Prosequi

criminal defense arrest by police

Dismissal, also known as nolle prosequi, is a decision made by the prosecutor where they choose not to pursue the charges against the defendant. This would be a good outcome if arrested.

A dismissal of all charges can be based on various factors, such as insufficient evidence, the relative unimportance of violation, or the unlikeliness of a conviction. In cases where the evidence is weak, the prosecutor may choose to dismiss the case to avoid a loss in court.

Your defense attorney can also request dismissal on your behalf, especially if they believe that the prosecution’s case is weak. A dismissal is not an admission of guilt, and the defendant is usually free from the charges.

Sometimes the charges are dismissed because a plea agreement has been reached between the prosecuting attorney’s office and the defendant (the accused). A plea agreement is generally a deal where the defendant agrees to plead guilty to lesser charges instead of the original charges in exchange for a reduced sentence. A good defense attorney may be able to negotiate a plea deal, so the original charges are dropped and your penalties are less consequential.

Acquittal

An acquittal is another outcome if arrested that is a good outcome.  An acquittal is a finding by a judge or jury that a defendant is not guilty of the crime charged after a trial has been conducted. Note that an acquittal does necessarily not mean that the defendant is innocent in a criminal case. It is a legal outcome of a criminal trial where the defendant has been cleared of all accusations, charges, and any criminal responsibility.

It is the responsibility of the prosecution to prove beyond a reasonable doubt that the defendant committed the alleged crime. If the jury or judge finds that there is insufficient evidence to support the charges or that the evidence presented does not prove the defendant’s guilt beyond a reasonable doubt, an acquittal is issued.

Not Guilty

Not guilty in criminal law means that a defendant has been proven innocent of the charges filed against them. This is also a good outcome if arrested. Not guilty means that a defendant is not legally answerable for the charge filed against them. Like an acquittal, it is a verdict reached by a judge or jury after a trial where the prosecutor has not proven beyond a reasonable doubt that the defendant committed the crime. A not-guilty verdict is final and cannot be appealed or challenged later.

Conviction

The worst possible outcome if arrested is a conviction. Conviction is the decision made by a judge or jury declaring the accused guilty of a criminal offense. In this instance, the prosecution has proven beyond a reasonable doubt that the defendant committed the offense. It means that the judge or jury has found the evidence to be sufficient and convincing to deem the defendant guilty of the crime. The court will then sentence the convicted defendant to its punishment, which can be jail time, fines, or additional penalties. A conviction is the final judgment of the case but can be appealed.

Possible Penalties if Convicted

If found guilty of a crime, you may face a variety of penalties depending on the severity of the offense. If the crime is a misdemeanor, you may only have to pay fines or perform community service. However, if the crime is a felony, the penalties can be much more severe. For example, you may have to serve time in prison and/or pay large fines.

Also being convicted of a crime leaves you with a criminal record that could affect your future job prospects, housing opportunities, and relationships. It is important to remember that the consequences of a conviction can be long-lasting and may impact your life in many ways.

Contact a North Carolina Criminal Defense Lawyer

Being arrested can be a traumatic experience, and the potential penalties if convicted can leave you worried sick. If you have been arrested or charged with a crime, it is in your best interest to contact a North Carolina criminal defense attorney, like Dewey P. Brinkley. Mr. Brinkley has extensive experience in criminal defense cases, and he can outline all of your legal options. If you are arrested, do not talk with the police until your attorney is with you.

An experienced criminal defense attorney is your best bet against a criminal conviction. Mr. Brinkley will work rigorously to get you the best possible outcome in your case. He will protect your rights.

Contact the Law Office of Dewey P. Brinkley at (919) 832-0307

What are Field Sobriety Tests in North Carolina?

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Police officers and state troopers utilize field sobriety tests to assess the sobriety of drivers that they suspect to be driving under the influence of drugs or alcohol. If you fail the test, the results can be used against you in a court of law.

lady taking field sobriety test

While you have the right to refuse a field sobriety test in the state of North Carolina, refusing a field sobriety test can lead the court to conclude that you were intoxicated. In this article, we’ll discuss field sobriety tests used in North Carolina and what you should do if you are pulled over on suspicion of drunk or impaired driving.

What is a Field Sobriety Test?

A field sobriety test is a series of tests used to determine if an individual is driving under the influence. These tests are commonly administered during traffic stops when an officer has probable cause to believe that a driver may be inebriated. Field sobriety tests are used across North Carolina, and the results can be used as evidence in court cases. The tests involve physical and mental tasks such as reciting the alphabet, standing on one foot, following a finger with your eyes, or walking in a straight line.

According to the North Carolina Department of Health and Human Services, standardized field sobriety testing, also known as SFST, basic tests include the one-leg stand and the walk and turn. However, police officers with advanced training can use the finger-to-nose test, modified Romberg balance test, and a lack of convergence test.

Can the Results of Field Sobriety Tests Be Used in Court?

Test results can be used in court when determining probable cause for a DWI arrest. Field sobriety tests are often used to measure the impairment of a driver suspected of driving while under the influence. If the test results show that the driver’s blood alcohol concentration is above the legal limit, then this provides law enforcement with probable cause to make an arrest for driving while intoxicated.

Other evidence such as eyewitness accounts, video or audio recordings, or even chemical testing can be used in court to prove that a driver was impaired and should have been arrested for DWI. However, failing a field sobriety test doesn’t necessarily mean that you will be convicted. A skilled DWI lawyer can try to get these test results dismissed.

Potential Inaccuracies of Field Sobriety Tests

Despite their widespread use, field sobriety tests may not be as accurate as originally thought. The conditions of the test can make it difficult to accurately gauge impairment levels, and the administration of the tests may be subject to interpretation and bias. As a result, there can be potential inaccuracies associated with field sobriety tests when determining whether or not someone is under the influence or impaired.

Should You Refuse a Field Sobriety Test?

Refusing a field sobriety test is a personal decision that should be carefully considered. Throughout North Carolina, law enforcement officers may ask you to take a field sobriety test if they suspect you of being impaired by alcohol or drugs. However, it is your right to refuse the field sobriety test, and doing so will not automatically result in a criminal conviction.

If you refuse, your license may be suspended for one year due to implied consent laws. Furthermore, if an officer has probable cause to believe that you are impaired, they can still arrest and charge you without the results of a field sobriety test. Ultimately, refusing a field sobriety test is an individual decision and should be based on your assessment of the facts and circumstances at hand.

Contact a North Carolina DWI Lawyer

In North Carolina, driving under the influence of alcohol or drugs is against the law. Failing a field sobriety test can be used as evidence in court against you. If you are suspected of driving under the influence and are required to take a field sobriety test, it is important to consult with an experienced DWI defense attorney. Contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form.

Are You Over the Alcohol Legal Limit in NC?

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If you plan on drinking, it is important to know the laws in your state and the legal limit. In North Carolina, the legal limit for alcohol is 0.08%. This means that if your blood alcohol concentration (BAC) is 0.08% or higher, you are considered to be over the legal limit and can be charged with Driving While Impaired (DWI ) – also commonly known as Driving Under the Influence or a DUI.

In North Carolina, Driving While Impaired is a serious offense.  Knowing and abiding by the legal limit is important to ensure that you stay safe and avoid legal trouble. In this article, we will discuss North Carolina’s alcohol laws, including the legal limit and the consequences of driving while over the limit.

When is a Driver Legally Drunk in North Carolina?

drunk drivingIn North Carolina, the legal limit for a driver’s blood alcohol concentration (BAC) is 0.08%. This means that any driver with a BAC of 0.08% or higher is considered legally drunk and can be charged with a DUI or DWI. The legal limit is even lower for commercial drivers in North Carolina, who are not allowed to have an alcohol concentration of greater than 0.04%.

Drivers who are under 21 years old are not allowed to have any measurable amount of alcohol in their system. It is important to remember that the legal limits may vary depending on the situation, so it is best to consult with an attorney if you have any questions about when a driver is considered legally drunk in North Carolina.

Sentencing Procedures for DWI in North Carolina

Sentencing procedures for DWI offenders differ depending on the nature of the offense. The offender’s Blood Alcohol Concentration (BAC) level is usually taken into consideration when determining a sentence, as well as any aggravating or mitigating factors. Aggravating factors can include a prior DWI conviction, driving with an underage passenger, or impairment due to drugs in addition to alcohol, while mitigating factors can include having a relatively low BAC reading and no prior offenses.

Depending on the number of aggravating factors present – either one or two grossly aggravating factors – the offender may be sentenced to Level Five punishment, which is the most severe type of punishment available under North Carolina’s DWI laws. This could involve prison time and/or community service, followed by revocation of the offender’s license and/or suspension of their commercial driver’s license. An ignition interlock device may also be installed in some cases.

Penalties for underage offenders are more severe and may result in a longer period of revocation. Sentences will vary according to individual circumstances but are generally intended to keep drivers safe and deter future DWI offenses.

Long-term Consequences of a DWI Conviction

A DWI conviction can have long-term consequences that extend far beyond the fines and jail time associated with a conviction. For example, a DWI conviction can stay on your criminal record for years, making it difficult to find employment or housing opportunities.

A DWI can also result in the suspension of your license, leading to difficulties when commuting to work or school.

In addition, insurance companies may increase premiums for those convicted of a DWI, increasing the financial burden of such convictions. A DWI conviction may make it difficult to obtain certain professional licenses or permits that are necessary for certain careers. As such, potential employers may decide not to hire you if they discover a past DWI conviction. For all these reasons, it is important to take steps to avoid getting convicted of a DWI in the first place.

Reasons to Hire a DWI Lawyer

Hiring a DWI lawyer can be a wise decision if you have been charged with driving while intoxicated. A DWI lawyer is an experienced attorney who understands the intricacies of drunk driving laws and can help you protect your rights during the process. They will know how to challenge any evidence presented against you, negotiate reduced charges or sentences, and may even be able to get your case dismissed.

Having a DWI lawyer on your side can provide you with peace of mind that your case is being handled correctly, as they are trained in dealing with all aspects of this type of charge. They are familiar with court proceedings, so they can assist in making sure that you are rigorously defended.

Contact a North Carolina DWI Lawyer

If you have been charged with a DWI, it is important to hire a knowledgeable DWI lawyer right away to help you navigate the complex legal system and avoid these harsh sentences and penalties. Contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form.

What is Considered Stalking in Raleigh?

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Stalking in Raleigh is a serious crime and can have serious legal consequences  It is important to understand what is considered stalking in order to protect yourself and your loved ones. In Raleigh, there are specific laws and penalties that apply to stalking, so it is important to be aware of these laws and their implications.

Stalking and cyberstalking are two serious problems in North Carolina, and to effectively prosecute and deter these crimes, North Carolina has undertaken more stringent policies to curtail harassment and harmful communications.

What is Stalking?

cyberstalking in north carolinaStalking is a pattern of behavior that is unwanted, and uninvited, and can cause fear and distress. Stalking can include physical activities, such as following someone, as well as virtual activities, such as using social media to spy on someone.

A stalker can be anyone who willfully engages in a pattern of conduct that threatens or places the other person in fear of death, bodily injury, sexual assault, confinement, or any other criminal offense. If the defendant is found guilty of stalking they can face serious consequences like jail time, fines, mandatory counseling, and restraining orders.

What is Cyberstalking?

Cyberstalking is a criminal activity in North Carolina that involves using the internet and other electronic communication methods to harass, threaten or intimidate another person. It can include sending threatening emails, offensive messages via social media sites, or creating websites with false information about the victim.

In North Carolina, cyberstalking is considered a form of stalking, and perpetrators can face serious criminal penalties if convicted. The state also has laws prohibiting certain types of online harassment, including cyberbullying and revenge porn.

How to Obtain a Protective Order in Raleigh

In Raleigh, North Carolina, a person can obtain a protective order against another person if they feel threatened. This is done by filing a request for the order with the court. The defendant must be served with the protective order, and then a hearing will be held to determine if it will be granted.

If the defendant is found guilty of violating the protective order, they may face jail time, depending on whether it was a misdemeanor or felony charge. The protective order can also include other provisions such as restraining orders, child custody arrangements, and more. It is important to note that these orders are only valid for a certain amount of time and must be renewed after that period has expired.

Possible Defenses Against Stalking Charges in North Carolina

There are several possible defenses available to those accused of stalking. These include proving that the alleged victim was not actually being stalked, showing that any contact made was consensual, or demonstrating that the alleged stalker did not intend to cause fear or alarm. In addition, it may be possible to prove that the actions taken were part of an act of free speech protected by the First Amendment. Depending on the situation and evidence presented in court, other defenses may also be viable.

Reasons to Work with a Stalking Defense Attorney

If you have been accused of stalking or are being charged with stalking, it is important to hire a criminal defense attorney who has experience in stalking defense. A qualified stalking defense attorney can help protect your rights and ensure that you get the best possible outcome in your case. They can explain the legal process to you and provide a strong defense against any charges related to harassment or domestic violence.

They will also help ensure that your rights are protected and that you receive fair treatment throughout the legal process. The attorney can also help you if you have been accused of domestic violence or if a restraining order has been issued against you.

By working with a qualified criminal defense attorney, you can increase your chances of avoiding a conviction for stalking. It’s important to understand that the legal system takes stalking very seriously. A conviction can result in serious consequences, including fines, jail time, and other penalties.

Contact a North Carolina Criminal Defense Lawyer

Stalking is a crime that can be charged as a felony in Raleigh. It can have serious legal consequences if you are found guilty of stalking, so it is important to understand the law and the penalties associated with it. If you have been accused of stalking, an experienced criminal defense attorney can help protect your rights and ensure that you get the best result possible in your case. Contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form.

What are the Penalties for DWI?

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Drivers under the influence of alcohol or drugs can cause accidents, injuries, and even death. In North Carolina, driving while impaired (DWI) is a serious offense. If you are caught driving with a blood alcohol concentration (BAC) of 0.08% or above or while under the influence of drugs, you could face penalties including fines, jail time, license suspension, and more. Learn more about the penalties for DWI in North Carolina and how you can fight these charges if they have been unfairly applied to you.

What is Considered a DWI in North Carolina?

female driver arrested with dui charges

DWI stands for “driving while impaired.” In North Carolina, DWI is a criminal offense that occurs when a person operates a motor vehicle while impaired by alcohol or drugs. If a person is charged with DWI, they may face consequences such as jail time, fines, and the loss of their driver’s license.

What’s the Difference Between DWI and DUI in North Carolina?

In North Carolina, the difference between the two is that DWI is a crime that requires proof of impairment, while DUI is a crime that requires proof of intoxication. The penalties for both crimes are similar, but DWI carries a higher maximum jail sentence.

If you have been accused of a DWI, contact the Law Office of Dewey P. Brinkley at (919) 832-0307 to talk with North Carolina Attorney Brinkley about your legal problem.

What are the Penalties for a DWI Conviction in North Carolina?

In North Carolina, the penalties for a DWI conviction can be quite severe. If there is an aggravating factor present, such as impaired driving, the sentence can be increased. For a first offense, the penalty can range from a revocation of your license to a level 5 DWI, which carries a sentence of up to 120 days in jail. If you are convicted of a DWI, the state may also revoke your license and impose a fine.

Jail Time and Fines

The North Carolina DWI law has five levels of DWI, each with its own set of aggravating factors that can increase the jail time and fines for a DWI conviction. The minimum jail time for a Level V DWI is 24 hours, while the maximum jail time for a Level I DWI is 2 years. The penalty for a Level V DWI is $200, while the penalty for a Level I DWI is $4,000.

License Suspensions

A North Carolina DWI can lead to a license suspension. The North Carolina Division of Motor Vehicles can revoke or suspend your license if you’re convicted of a DWI. For a first-time DWI offense, your driver’s license will be suspended or revoked for a year. For a second-time DWI conviction, your license will be suspended or revoked for 4 years. For your third DWI, you’ll permanently lose your license.

North Carolina’s Underage DWI Laws

In North Carolina, it is against the law to drive while impaired (DWI). If you are convicted of a DWI, your driver’s license will be automatically revoked for at least one year. If you are under 21 years old and charged with a DWI, your driver’s license will be automatically revoked for at least 30 days pre-trial.

Possible Defenses Against DWI Charges

There are, however, a few possible defenses against DWI charges in North Carolina. One is that the arresting officer did not have probable cause to stop your vehicle in the first place. If the officer did not have a valid reason for stopping you, any evidence of intoxication that was discovered as a result of the stop may be considered invalid and unable to be used against you in court.

Another possible defense is that the results of your breath or blood test were inaccurate. This can happen if the test was not administered correctly or if the machine itself was not calibrated properly. If there is reason to believe that your test results were inaccurate, your attorney may be able to get them thrown out as evidence.

Contact a North Carolina DWI Lawyer

A DWI charge is a serious offense with potentially severe consequences. If you have been charged with DWI in North Carolina, it is important to consult with an experienced criminal defense attorney who has experience defending people against DWI charges.

If you have been charged with a DWI, it is important to contact an lawyer who can defend you against those DWI charges as soon as possible. As you see, a DWI conviction can have serious consequences, and an experienced lawyer like Dewey P. Brinkley can help you navigate the legal process and protect your rights. He can also help you understand the charges against you and develop a defense strategy. Contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form.