Driving While Impaired Mecklenburg County Defense Attorney (888) 543-2427
Being arrested for driving while impaired (DWI) can have severe consequences. License suspension, fines and jail time are just a few of the penalties a person may face for a DWI conviction in Mecklenburg County, North Carolina. For these reasons, it is important to work with a Mecklenburg County DWI attorney who can assist in your defense and release you from this unfortunate situation.
Media attention, lobbying groups and the public nature of tragedies involving drunk driving have promoted not only strict legislation in regards to driving while intoxicated offenses in North Carolina, but these forces have made law enforcement quick to respond to any driver suspected of drinking and driving. A DWI defense lawyer plays a crucial role in protecting the rights of drivers who have been accused of driving while intoxicated.
An effective defense attorney will analyze every piece of evidence in a drunk driving case. An effective defense attorney will treat each case independently, looking for mistakes, common and uncommon, that police officers make. If the case involves a checkpoint, the location of the checkpoint should be visited by the attorney and photographed. Any video should be reviewed carefully. All paperwork must be fully examined including calibration records for breath machines. A successful attorney will have another attorney, whom they respect, also review the case. More than one set of eyes should look at every case.
You can be charged with DWI if found driving with an alcohol concentration of .08 or more at any relevant time after a police officer or other individual saw you driving. You can also be charged if you are found driving while under the influence of a prescription drug or any controlled substance that affects your ability to drive safely.
Most driving while impaired, DWI, cases involve alcohol. If the State can show the defendant had .08 or more alcohol concentration when the blood or breath test was taken, as long as the alcohol was in the system when accused drove, the state has a viable case. Moreover, even if the defendant’s blood/breath result was less than .08, the defendant can still be convicted of DWI if the police officer’s testimony includes facts that the defendant was impaired for purposes of driving. A judge would look at how the defendant was driving, his/her performance on field sobriety tests, and objective symptoms of intoxication such as bloodshot eyes, difficulty standing and an odor of alcohol on the person's breath.
Defenses to DWI/DUI cases in North Carolina include a bad stop, meaning the police officer did not have a good reason to stop the accused; the license checkpoint did not meet standards set forth under the United States Constitution and the Fourth Amendment; the arrest was unlawful or lacked probable cause; the client burped, vomited, or regurgitated prior to giving a breath test; or the paperwork was completed incorrectly. These are only some defenses to a DWI or drunk driving case in Mecklenburg County.
These cases are usually filed as misdemeanors. Punishments for DWI range from a suspended jail sentence (meaning you will not have to serve any jail as long as you complete terms of your probation) to actual jail time.
Habitual Impaired Driving will be alleged if the accused has been convicted of three or more offenses involving impaired driving within ten years of the date of the recent arrest. This is treated as a felony offense with the potential for substantial jail time.
Facing DUI/DWI charges in Mecklenburg County? Consult a Mecklenburg County DWI defense lawyer as soon as possible in order to protect your rights and your future. An experienced lawyer can provide aggressive negotiation and litigation and help you reach the best outcome possible for your case.
For a free case evaluation contact the Law Office of Carilyn Ibsen PLLC at (888) 543-2427.