Your future is at stake if you’re charged with a DWI in North Carolina. A conviction could mean jail time, loss of your driver’s license, and a criminal record that will follow you for the rest of your life. Your legal defense team is the only thing standing between you and a devastating conviction. This blog post will look at three powerful DWI defense law strategies you can use to fight your charge!
What is a DWI in North Carolina?
In North Carolina, operating a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher is illegal. If officers pull you over and find you intoxicated, you will be arrested and charged with DWI.
You can also get DWI charges if an officer believes you are driving while impaired on another substance. They may do additional chemical testing to determine the drugs in your system.
What are the Consequences of DWI in North Carolina?
The consequences of a DWI conviction in North Carolina are severe. You could face up to three years in jail, a fine of up to $10,000, and the loss of your driver’s license for a year or more.
Even a first-offense DWI can bring fines up to $200 and a minimum jail sentence of 24 hours to 60 days. If the judge suspends the sentence, you may only lose your license for 30 days. However, if you face a conviction of DWI, you will lose your license for a year!
You’ll also pay court fines and higher insurance premiums once you get your driver’s license back. A DWI conviction can raise your insurance rates by 340%.
A DWI conviction is on your permanent criminal record for life in North Carolina. Our state does not allow the expungement of a DWI conviction. A criminal record means you may also struggle to get an apartment lease or a good job for the rest of your life.
Experienced attorneys who understand DWI defense law in North Carolina can help you find the best outcome for your case!
The Top 3 Defenses You Can Use to Fight DWI Charges
There are many ways to defend yourself against criminal charges, but here are the three top ways to defend a DWI!
1- Knoll Motion Defense
Magistrates sometimes hold an individual charged with DWI on a secured bond. When this happens, you lose your ability to find the witnesses you may need for your defense.
If there is no legal reason why the magistrate chose to hold you, they abuse your rights. Keeping you in jail unnecessarily prevents you from building your defense.
When a magistrate holds you without cause, they give you a defense against your charges.
2- Ferguson Motion Defense
In NC, several things make an arrest legally valid. Two of those things are:
- You have 30 minutes to contact a witness to observe the breathalyzer or chemical testing. The officer must inform you of your right to a witness who will observe. If law enforcement prevents your witness from watching your testing, they’ve violated your rights.
- An officer must read DWI informed consent rights to you.
3- Absher Motion Defense
The Absher motion defense focuses on whether or not the officer handled evidence that would have exonerated you from the DWI charges.
For example, if you submit video evidence that you were not drinking all evening, but the officer accidentally deletes or mislabels the footage, you can use this loss in your defense strategy.
If officers lose evidence that could have minimized your guilt, your attorney may move for dismissal under an Absher Motion.
How An Experienced DWI Defense Lawyer Can Help You
These three dwi defense law strategies are powerful but sometimes difficult to prove. That’s why it’s essential to have an experienced DWI attorney on your side who knows how to investigate and build a strong defense.
There are also other defenses an experienced DWI attorney may depend on to get the best outcome for your case.
For example, if the arresting officer did not have probable cause to stop your vehicle, any evidence they obtained after the stop may be inadmissible in court. Evidence that becomes inadmissible includes the results of any field sobriety tests or chemical tests.
Probable cause can come from your speeding, swerving, or failing to use a turn signal. However, an officer cannot stop you simply because they think you “might” be intoxicated. They must have concrete evidence that you broke the law.
If the court finds that the officer did not have probable cause to stop you, the judge may throw out any evidence they obtained after the stop. And the court may drop any charges against you.
DWI cases are complex, and there are many defenses available to you. The best way to ensure you have the best possible chance of winning your case is to hire an experienced DWI attorney!
We Can Help
If you’re facing DWI charges in North Carolina, don’t wait to call us at Cape Fear Law. We can help you fight the charges and keep your life on track. Our experienced DWI defense team is ready to help you!
Contact us today for a free consultation. We’ll review your case and help you decide on the best course of action. At Cape Fear Law, we’re here to help when you need it most!