DWI & DUI Defense

Defending Clients Accused of DWI Effectively:

Individuals who operate a vehicle under the influence of alcohol, drugs, or a combination of both can face charges of Driving While Intoxicated (DWI). North Carolina, known for its stringent DWI penalties, categorizes offenders into five levels of misdemeanors based on the gravity of the situation and whether it's their first offense.

At Seth M. Woodall & Associates we are here to safeguard your legal rights and strive to protect your driving privileges, freedom, and reputation.

If you've been accused of drunk driving, reach out to us to arrange your initial consultation.

What Constitutes a DWI in North Carolina?

In North Carolina, the law prohibits driving or having control of a vehicle while impaired by any substance. Drivers with a blood alcohol level of .08% or higher or any amount of a Schedule I controlled substance can be charged with DWI. Given the severe consequences, it's crucial to engage an attorney well-versed in DWI law.

Is a DUI a Criminal Offense in North Carolina?

Although some may perceive a DUI as a mere traffic offense, it's vital to recognize that it is a serious crime. In North Carolina, a DWI is considered a criminal offense. DWI charges carry substantial penalties, including incarceration, fines, license suspensions, and more. Apart from potential jail time and significant fines, a DWI conviction can lead to long-term consequences such as higher insurance rates, limited job prospects, and difficulties in international travel.

What Are the Penalties for DWI in North Carolina?

First Offense:

• Jail time of up to 120 days

• Fines reaching up to $200

• License revocation

• Probation may be possible

Second Offense:

• Jail time of up to one year

• Fines up to $2,000

• License revocation

• Mandatory ignition interlock device

Third Offense:

• Jail time of up to two years

• Fines up to $4,000

• License revocation

• Mandatory ignition interlock device

A DWI conviction can have a profound impact on your life and career. It can lead to significantly increased insurance premiums, potential coverage denials, job loss or denial of employment opportunities, and even the loss of security clearances. It's essential to have a competent attorney dedicated to safeguarding your interests.

Will I Lose My Driving Privileges After a DUI Conviction?

North Carolina residents facing DUI charges typically have numerous questions about the potential repercussions if they are ultimately convicted. The reality is that a DUI charge can affect you both personally and professionally, potentially resulting in temporary or permanent loss of driving privileges.

How can I determine the duration of a suspension or revocation, and is it possible to contest it?

Reasons for Suspension and Revocation and Their Durations

As per the North Carolina Division of Motor Vehicles, DUI offenses entail specific suspension or revocation periods:

• First-time offense: A first-time conviction can lead to a one-year license suspension or revocation.

• Second-time offense: A second conviction may result in a four-year license suspension or revocation.

• Third or subsequent offenses: With three or more DUI convictions, a judge may permanently revoke your driving privileges.

• Refusal of chemical testing: Refusing a breath, blood, or urine test can result in a mandatory one-year license suspension.

• Ignition interlock violation: An ignition interlock violation can lead to a one-year license suspension.

Although regaining your driving privileges is possible, it typically requires meeting specific requirements.

Field Sobriety Tests

The Standardized Field Sobriety Test (SFST) consists of three individual assessments:

• Horizontal Gaze Nystagmus (HGN) test

• Walk-and-turn test

• One-leg stand test

Throughout these tests, law enforcement looks for common signs of impairment, such as balance issues, slurred speech, and failure to follow instructions.

Challenging Suspension or Revocation

Challenging the early restoration of your license is no simple task. In some instances, mandatory suspension or revocation periods make it difficult. However, there are procedures in place to request a hearing for case review. For example, after a third or subsequent DUI conviction resulting in a permanent loss of driving privileges, you may request license restoration three years from the conviction date.

Should the court dismiss your DUI charge but your driving privileges remain affected, your legal counsel can guide you on regaining your driving privileges as swiftly as possible.

How Can a DUI Attorney in Winston-Salem Assist You?

If you're facing DUI charges, a seasoned attorney can be your anchor during this challenging period. Your attorney is responsible for conducting a comprehensive case investigation, collecting strong evidence in your favor, pursuing a favorable resolution, and representing you in court, among other vital tasks.

Here's how a DUI attorney can provide support:

• Thoroughly investigating your case to ensure the legitimacy of evidence used against you.

• Gathering compelling evidence to strengthen your case.

• Offering legal guidance to keep you on the right path.

• Providing emotional support to alleviate stress.

• Representing you in court, serving as your advocate.

Don't navigate a DUI or DWI charge alone. Allow our attorneys to offer the expert legal support and guidance you need to overcome this challenging period. Contact us today to schedule a complimentary consultation.

A Strong and Effective Defense for Your DWI Case

A DWI conviction leaves you with a permanent criminal record, and the consequences can linger long after serving your sentence. While it may be possible to expunge the record at some point, this is not always achievable.

When possible, it's best to avoid a conviction from the outset. Our lawyers provide comprehensive guidance to our clients, working to minimize the impact on their lives.