Tag Archives: dwi lawyer in north carolina

What are Field Sobriety Tests in North Carolina?

DWI,

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?

DWI, ,

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.

Will I Go to Jail for a DWI?

DWI, ,

The potential consequences of a DWI  (driving while intoxicated) conviction can be frightening. Depending on your circumstances, you could face time in jail, hefty fines, a probation sentence, or even have your driver’s license revoked for a period of time.

dui arrest in north carolina

In some states, like North Carolina, there is also the risk of being labeled a convicted felon—something that can have implications for future employment and housing opportunities.

To understand what might happen if you’re arrested for a DWI in North Carolina, it helps to know more about the specific laws and penalties as they pertain to this offense. However, most people convicted of a DWI typically face fines, probation, and potential mandatory alcohol education programs.

In some cases, you may also serve time in jail as part of probation or another alternative sentencing program. Read on to learn more about what will happen if you’re arrested for a DUI.

Will I Go to Jail for a DWI Conviction?

If you are convicted of DWI, you may face jail time. However, jail time is not mandatory for a first offense. The judge will consider the severity of your offense and may sentence you to jail time, a fine, or both. If your blood alcohol content (BAC) was very high, or if you were involved in an accident, you are more likely to be sentenced to jail time.

In most cases, a DWI conviction will result in a driver’s license suspension. The length of the suspension will depend on the facts of your case. However, if this is your first DWI conviction, you may be eligible for a restricted license after a certain amount of time. A restricted license allows you to drive to and from work, school, medical appointments, and other essential activities.

Factors That Affect DWI Sentences

There are many different factors that can affect the sentence given to someone convicted of DWI. Driving while intoxicated is a serious offense and can result in jail time, fines, and a revoked license. The sentence is often harsher for subsequent offenses.

However, there are some aggravating factors that can increase the severity of the sentence, even for a first offense. These include having a high BAC (blood alcohol content), causing an accident while driving under the influence, or having a prior DWI conviction on your record. A clean driving record may result in a lighter sentence, while a history of convictions can lead to harsher punishment. The judge will also consider the circumstances of the offense and the impact it had on others when determining the sentence.

DWI Defense Possibilities

If you have been charged with a DWI, there are a few defenses that may be available to you. If the arresting officer did not have probable cause to stop your vehicle, or if the field sobriety tests were not properly administered, these could be grounds for dismissal of the charges. Additionally, if the breathalyzer test was not conducted correctly or if your blood alcohol content (BAC) was below the legal limit, this could also lead to the dismissal of the charges. However, it is important to note that even if one of these defenses is successful, you may still be convicted of DUI if the prosecutor can prove that you were impaired by alcohol at the time of driving.

Do I Need a DWI Lawyer or Can I Represent Myself?

If you are facing DWI charges, you may be wondering if you need a DWI lawyer or if you can represent yourself. While it is possible to represent yourself in court, it is generally not advisable to do so if you are facing serious charges. An experienced DWI attorney will be familiar with the law and will be able to provide you with the best possible defense. If you are facing serious charges, it is important to have an experienced attorney on your side.

Contact a North Carolina DWI Lawyer

If you are facing a DWI charge, in North Carolina, getting an experienced North Carolina DWI lawyer is strongly recommended. They can help you navigate the legal process and ensure that you receive the best possible outcome in your case. In addition, a DWI lawyer can help you understand the potential consequences of a DWI conviction, including jail time, fines, and community service. Dewey P. Brinkley is a top DWI lawyer out of Raleigh.

The sooner that you speak with a DWI attorney, the sooner they can start building your legal defense. If you or a loved one have been charged with a DWI, contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form.

Are DWI Records Public in North Carolina?

DWI, ,

If you’ve ever been arrested for anything, it’s very possible that anyone can find it with some online or offline searching. This includes being arrested for a Driving While Impaired(DWI). Therefore DWI records are public in North Carolina.

In  general, criminal records are considered public information throughout the United States. For example in Florida,  every arrest, including court dates, is a public record and easily accessible. Criminal records are available through courthouses as well as “people finder” websites. Using these third-party websites is frequently easier because the information is not limited to availability by locale. Employers may do a search on you if you are applying for a job.

The information from third-party websites can serve as a starting point for anyone looking for a specific record or several records on an individual. However online search sites are not government-sponsored. Availability may vary by the provider and some of the information may not be entirely correct.

Freedom Of Information

Are DUI Records Public in North Carolina?No matter what you’ve been arrested for, including DWI, anyone can learn about your arrest through a public record search unless it’s been expuncted from your record, meaning removed, also called “expunged” in some states.

North Carolina’s Freedom of Information Law allows the public to inspect and examine government-created records. State public criminal records are available in several databases in North Carolina. They are maintained by the courts and law enforcement agencies. These records are also accessible online and allow citizens to request copies for reasonable fees.

North Carolina’s court system also maintains a complete database of charges (arrests) and convictions made in conjunction with law enforcement agencies throughout the state. You can obtain certified copies by mail or in person, or by visiting a local police station.

Wake County utilizes the North Carolina Public Records Law, found at N.C.G.S. Chapter 132, further explains public records. North Carolina requires that public records are to be made available to the public for a nominal cost or for free, as well as via Internet accessibility. Online access to these public records makes things easier for the public and saves Wake County time, money, and resources.

Effects of DWI Arrest

If you’ve been arrested, you will be required to disclose it when asked on employment applications, as well as applications for credit, college, and housing. The exception is if the arrest was expuncted from your record. In the case of DWI, expunction is only possible if the case was dismissed.  Please note, North Carolina does not allow for expunction of DWI convictions.  Be forewarned that if you don’t tell the truth on your application, a background check will certainly reveal the truth for you.

Another direct impact of a DWI arrest is the marked increase in your insurance rates. As a newly branded “high-risk driver,” your rates will increase almost instantly after your arrest. Many companies will refuse to insure drivers who have been arrested for DWI and drop you entirely. However, there are companies that will insure someone who has been arrested, albeit expensively.

Employment

Depending on the type of job you have, it is possible you could be terminated after an arrest for DWI. This is particularly true if driving is a vital part of your job. Bus drivers, truck drivers, delivery drivers, taxi drivers, and other driving-centric jobs may, at the least, suspend you after a DWI arrest.

If you are terminated and need to seek new employment, it is possible to find additional employment. However, you will be ineligible for several different types of jobs, including:

• Jobs in which you’re required to drive
• Military enlistment and other government jobs
• Jobs that require the handling of very confidential information
• Jobs that require working with children, such as daycare and teaching

During an interview, it’s best to wait until asked about any arrests or convictions, but of course, don’t lie. Give a brief description of the circumstances that led to the DWI, what you’ve done since then to correct things, including rehab, and what you learned.
Your DWI defense attorney can advise you on your case and how to proceed with the employment.

Fight The DWI

Dewey P. Brinkley is a former Wake County prosecutor who works to defend DWI cases. He will prepare a strong defense and make sure you receive a fair trial under the law. Contact our Raleigh law office today at (919) 832-0307 (or use our online contact form) for a free consultation. You can also email him at dewey@deweybrinkleylaw.com.