Our blog is for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. The information on this site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
Reinstatement of your driver’s license Your North Carolina driver’s license is considered a privilege, not a right. It is therefore in the discretion of the North Carolina Division of Motor Vehicles (NCDMV) if and when to return your license. It is up to you, and your lawyer, to present a credible and compelling case to...
Most people are aware that the anyone over a .08 blood alcohol content is considered over the legal limit in North Carolina. However, many people will likely be surprised to know that even when under the legal limit, they could still find themselves charged with DWI. This is because, as one sheriff’s deputy explains, the state...
It is a common misperception that “you have to take the breath test.” Nothing could be further than the truth. In fact, in some instances, it is in your best legal interests to refuse a breath test (i.e. EC/IR-II test) or other chemical analysis. North Carolina statutes prescribe that driving while impaired DWI/DUI is an...
After a conviction for DWI, the judge determines whether there are aggravating or mitigating factors in fashioning a sentence. By law, the prosecutor must present your full record of traffic convictions to the judge along with all other appropriate grossly aggravating and aggravating factors, including your blood alcohol content. The defendant’s attorney may present all...
In North Carolina, you can be charged with driving while impaired, even if you weren’t drinking alcohol. Often times this happens when there are drugs in the drivers system, but there are also medical conditions that can mimic impairment. A well trained police officer will be able to tell the difference between someone who is...
Most people know that the legal limit in North Carolina is .08, but in our state it is possible to get charged with Driving While Impaired even if your BAC is less than .08. North Carolina’s Driving While Impaired statute is laid out in General Statute 20-138.1: § 20-138.1. Impaired driving. (a) Offense. – A...
On February 23, 2018, the North Carolina Advocates for Justice will be offering a live seminar entitled “Defending DWI: Strategies for Success.” Attorney Shook will be presenting the topic “Immigration Issues with DWIs, Drug-DWIs, License and District Court Cases.” This promises to be a great seminar. You can find an agenda for the presentation below,...
If you have been charged with a DWI, make sure you explore all of your options before pleading guilty. One of the most effective tools that can be used to prepare a defense in a DWI case is actually one of the lesser known defenses that North Carolina law provides today. This tool is referred...